American Rule (other)

	American Rule (other) American rule may refer to: American rule (attorney's fees), controlling assessment of attorneys' fees arising out of litigation American rule (property) In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover tha ..., stating that there is no implied duty upon the lessor as against wrongdoers to lessee's right of possession * American rule (successive assignments), rule for successive assignments of rights See also * English rule (other) {{Disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	American Rule (attorney's Fees) The American rule (capitalized as American Rule in some U.S. states) is the default legal rule in the United States controlling assessment of attorneys' fees arising out of litigation. It provides that each party is responsible for paying its own attorney's fees,See unless specific authority granted by statute or contract allows the assessment of those fees against the other party. In other parts of the world, the English rule is used, under which the losing party pays the prevailing party's attorneys' fees. Exceptions The American rule is merely a default rule, not the blanket rule in the United States. Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, and there are two major exceptions in federal case law as well. Under the Federal Rules of Civil Procedure 54(d), federal statutes may supersede the default rule of not awarding attorney fees. The Magnuson–Moss Warranty Act is one such federal law28 U.S.C. § 1927aut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	American Rule (property) In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant who has standing to sue for eviction and/or damages, and not the landlord. The tenant may not cancel the lease or refuse to pay rent due to the landlord for the time that the tenant is out of actual possession of the lease. The American rule survives in only a minority of jurisdictions. By contrast, the English rule states that in such a scenario, the tenant may cancel the lease, obligating the landlord to deliver not only legal possession but also actual possession, and giving the landlord standing to sue the party in wrongful possession of the premises. The nomenclature of the American rule runs contrary to the general tendency in prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	American Rule (successive Assignments) An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process e whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assignment of claim seTrans-Lex.org/ref> An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent,. and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee. A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]