Abandonment - Abavia August 3, 2010
author: Dustin Wetton
Another day, another top five listings in what Laurus Law Group is calling “the Book”:
1)abandonment – Here is another word from the Book with so many uses and definitions, yet it is also a very importantly used word. Abandonment is the “relinquishing of a right or interest with the intention of never again claiming it.” According to Black, it is often used by courts as a synonym for “rescission” in contract law, but it is important to note the differences. Under a contract, if the contract is abandoned, it means one of the parties has accepted the other party’s situation of nonperformance and the result. A rescission on the other hand is a termination or discharge of the contract as a whole.
Abandonment is also used in family law, where a spouse abandons or deserts the other spouse or child willfully, with or without the intent to return. In this context there is a distinction between malicious and voluntary abandonment, yet I can’t see how a “voluntary” desertion is not malicious, as it must be willfully done. Maybe an abused spouse who finally escaped the prison of her home could be a candidate for a voluntary abandonment subject.
Lastly, abandonment is used in bankruptcy law. Under bankruptcy, a trustee can release property that is part of the bankruptcy estate if it has become a burden or is inconsequential to the estate. The property is not abandoned to the streets for the mass, but is instead abandoned back to the original owner, the debtor. This is an example of an extreme word in a non-extreme case. “I’m sorry debtor, but we must abandon your vehicle in this bankruptcy, I hope you understand.”
2)abarnare – “to detect or disclose a secret crime.” This makes me think of Sherlock Holmes. Those are some great stories of detecting and disclosing crimes, more often than not, secret crimes. I guess there would be difficulty in detecting and disclosing obvious crimes. That just wouldn’t make a good detective story at all. Holmes = abarnarish (not sure if that is the correct mutation of the word.)
3)abatement– To abate is to take away from something. I first came across this word while studying for the GRE test prior to taking the LSAT…yes, I was a bit confused and had a lot of time on my hands. Although the top definition is “the act of eliminating or nullifying,” while studying for the California Bar and in learning of estate planning, this word became one of my favorite flash-cards. Under estate planning, abatement refers to a reduction of a devise, either a general or a specific, to an heir because the estate was not properly funded to pay its debts. This is a common mistake that occurs when an estate plan is not updated correctly and the deceased creates devisees that are not realistic in connection with their recent life status. Thus, before you have your heirs loose out to your debtors because of abatement, ensure that your estate plan is up-to-date!
4)Abatement clause– No, this is not related to the above definition. While it is the clause that allows tenants to abandon their obligation to pay rent, this is not due to a contract nonperformance or because of the inability to prepare better for debt owed at death. This clause is used in a lease to “release the tenant from the rent obligation when an act of God precludes occupancy.” While this is a vital clause, it is not necessarily guaranteed to be in your lease. Also, this clause normally is in association only with residential leases, not commercial. Also, there is no general idea of what an act of God is. While some may argue that an act of God is any act, it is normally understood to be the wrath of God, such as floods, lightning, wild-fires and the like of destruction.
5)abavia – if you read yesterday’s blog and were curious if abamita’s mom had a proper title too, from their great-great-great-grandchild perspective, you’re in luck because they do. It is called an abavia. This term is “a great-great-great-grandmother.” Wow. Hopefully, if your ancestors were mature enough, your abavia would be about a 100 years, or five generations, older than you. Also, if my math is correct, you should have a total of 16 abavias. That’s a lot of family. My new goal is to try and start using these terms and tell people why I have brown hair, “we’ll you see, my abavia’s…”
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