Define: Prevailing Party

Prevailing Party
Prevailing Party
Quick Summary of Prevailing Party

The term “prevailing party” is a legal concept referring to the party that has successfully won or prevailed in a lawsuit or legal dispute. This determination is typically made by a court or through a settlement agreement. The prevailing party may be entitled to certain benefits or remedies, such as attorney’s fees, costs, or specific performance of a contract. The criteria for determining the prevailing party can vary depending on the jurisdiction and the specific circumstances of the case. Overall, it signifies the party that has achieved its objectives or obtained a favourable outcome in the legal proceedings.

What is the dictionary definition of Prevailing Party?
Dictionary Definition of Prevailing Party
n. the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Even if the plaintiff gets much less than the claim, he/she/it is the prevailing party entitled to include attorney's fees in the collectable costs. Usually, there is no prevailing party when a complaint is voluntarily dismissed prior to trial or settled before or after trial has begun.
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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: 29th March 2024.

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