To hinder the occurrence of an event or hinder someone from engaging in an action. Historically, it also denoted the act of barring a person or animal from accessing a specific location or purchasing goods with the intention of reselling them at a markup. This practice was deemed unlawful as it resulted in price inflation in numerous locations.
Forestalling refers to the act of preventing an event or outcome from occurring. It can also involve intercepting or obstructing a person or animal, or purchasing goods with the intention of reselling them at a higher price. For instance, a company may implement safety measures to forestall workplace accidents. In the past, traps were used to forestall deer from reentering the forest. During medieval times, landlords would forestall tenants from entering their premises if they failed to pay rent. Additionally, some individuals would forestall the market by purchasing goods at a lower price and reselling them at a higher price, which was deemed illegal. These examples demonstrate the various contexts in which forestalling can be applied, such as accident prevention, animal interception, or obstructing individuals. However, forestalling the market in this manner was considered unlawful as it led to increased prices for goods across many regions.
Forestall means to prevent or hinder something from happening, usually through legal means.
Yes, forestall can be used as a defence if the defendant can prove that they took reasonable steps to prevent the harm or injury that occurred.
Forestall might be used in cases involving negligence, breach of contract, or tortious interference.
No, forestall and restraining orders are not the same. A restraining order is a court order that prohibits someone from doing something, while forestall is a legal strategy to prevent harm from occurring.
Yes, forestall can be used in criminal cases if the defendant can prove that they took reasonable steps to prevent the crime from occurring.
The burden of proof for forestall is on the defendant, who must prove that they took reasonable steps to prevent harm from occurring.
Yes, forestall can be used in cases involving property damage if the defendant can prove that they took reasonable steps to prevent the damage from occurring.
Yes, forestall is a common legal strategy used in many different types of cases.
One potential drawback to using forestall as a defence is that it can be difficult to prove that the defendant took reasonable steps to prevent harm from occurring.
Yes, forestall can be used in cases involving personal injury if the defendant can prove that they took reasonable steps to prevent the injury from occurring.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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