refrain

LegalLegal glossary term

Legal Definition

Refrain, in a legal context, refers to the act of holding back or restraining from something, often implying a choice to withhold action, speech, or judgment. It denotes a deliberate decision to keep something in reserve or to hold back an action or statement within a legal proceeding.

Plain-English Translation

Imagine 'refrain' as deciding to stop doing something right now, like saying 'no' to a rule or a demand. In law, it means choosing to hold back from a specific action, like refusing to proceed with a claim or to keep a certain obligation pending.

Context in Contracts

It matters because it establishes the boundary between what is done and what is withheld; it defines the scope of obligations or rights by indicating where a party chooses to stop or limit their actions or assertions.

Visual model

Understand refrain fast

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01

A court ruling where the plaintiff refrains from pursuing a claim for damages beyond what is legally required.

02

A contract clause stating that the party agrees to refrain from exercising a specific right under the agreement.

Document context

How refrain shows up in legal documents

What is it?

Refrain is the act of holding back, restraining, or deliberately withholding something, such as an action, a statement, or a legal obligation. It signifies a decision to keep something in reserve or to hold back from a specific course of action within a legal context.

Why does it matter?

It matters because it establishes the boundary between what is done and what is withheld; it defines the scope of obligations or rights by indicating where a party chooses to stop or limit their actions or assertions.

When does it matter?

It usually appears when discussing limitations on rights, duties, or proposed actions within a contract, statute, or legal ruling. It is relevant when parties decide not to pursue a claim or to keep an obligation pending.

Where is it usually seen?

Refrain is commonly seen in legal documents such as contracts, statutes, judicial opinions, and regulatory frameworks where the scope of permitted actions or obligations is being defined.

Who is affected?

The affected parties are typically the litigants, parties involved in a dispute, or regulatory bodies who decide to limit their scope of action or obligation.

How does it work?

In practice, it works by establishing that a party chooses not to pursue a specific legal claim, to withhold a certain duty, or to refrain from an action mandated by the law.

Related terms

Terms to compare with refrain

omission

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Wikipedia

Refrain

Refrain

A refrain (from Vulgar Latin: refringere, "to repeat", through Old French: refraindre) is the line or lines that are repeated in poetry or in music—the "chorus" of a song. Poetic fixed forms that feature refrains include the villanelle, the virelay, and the...

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