Forfeit in United States

Forfeit Definition

To forfeit signifies the incurring of a forfeiture or penalty and is antagonistic to the idea of mere payment of compensation for damages for breach of contract. 172 111. App. 92. To lose as the penalty of some misdeed or negligence. The word includes not merely the idea of losing, but also of having the property transferred to another without the consent of the owner and wrongdoer. This is the essential meaning of the word, whether it be that an offender is to forfeit a sum of money, or an estate is to be forfeited to a former owner for a breach of condition, or to tlie king for some crime. Cowell says that forfeiture is general and confiscation a particular forfeiture to the king’s exchequer. The modern distinction, however, seems to refer rather to a difference between forfeiture as relating to acts of the owner, and confiscation as relating to acts of the government. 1 Story (U. S.) 134; 13 Pet. (U. S.) 157; 11 Johns. (N. Y.) 293. Confiscation is more generally used of an appropriation of an enemy’s property; forfeiture, of the taking possession of property to which the owner, who may be a citizen, has lost title through violation of law. See 1 Kent, Comm. 67; 1 Story (U. S.) 134.

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Legal Issue for Attorneys

To forfeit signifies the incurring of a forfeiture or penalty and is antagonistic to the idea of mere payment of compensation for damages for breach of contract. 172 111. App. 92. To lose as the penalty of some misdeed or negligence. The word includes not merely the idea of losing, but also of having the property transferred to another without the consent of the owner and wrongdoer. This is the essential meaning of the word, whether it be that an offender is to forfeit a sum of money, or an estate is to be forfeited to a former owner for a breach of condition, or to tlie king for some crime. Cowell says that forfeiture is general and confiscation a particular forfeiture to the king’s exchequer. The modern distinction, however, seems to refer rather to a difference between forfeiture as relating to acts of the owner, and confiscation as relating to acts of the government. 1 Story (U. S.) 134; 13 Pet. (U. S.) 157; 11 Johns. (N. Y.) 293. Confiscation is more generally used of an appropriation of an enemy’s property; forfeiture, of the taking possession of property to which the owner, who may be a citizen, has lost title through violation of law. See 1 Kent, Comm. 67; 1 Story (U. S.) 134.

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This definition of Forfeit Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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See Also

Further Reading (Articles)

Forfeit List growth sector for racing, Morning Bulletin, The Rochkhampton, Qld.; March 16, 2012

SSAC to push for uniform forfeit rule, The Charleston Gazette (Charleston, WV); August 18, 2004; Rick Ryan

Yankees ask for a forfeit, Deseret News (Salt Lake City); September 7, 2004; Associated Press

Forfeits Hit Broad Run Again; NVSHL Rules First Three Games Must Count as Losses, The Washington Post; February 3, 2002; Dustin Gouker

NO LION: EAGLES PREVAIL FORFEITS FACTOR INTO TALENTED TEAMS’ TALLY.(Sports), Rocky Mountain News (Denver, CO); January 9, 2004; Stocker, Scott

Fleming Ordered to Forfeit 2 Victories, The Roanoke Times (Roanoke, VA); February 6, 2013; Anderson, Robert

LEAP OF FAITH YESHIVA, AN ORTHODOX JEWISH SCHOOL, FORFEITS GAMES AGAINST OAKWOOD, WHICH HAS A GIRL ON ITS BOYS’ TEAM.(Sports), Daily News (Los Angeles, CA); February 14, 2009

Yankees Unlikely to Get D-Rays Forfeit, AP Online; September 7, 2004; RONALD BLUM, AP Sports Writer

OVER AND OUT! FANS FORCE DODGER FORFEIT, The Buffalo News (Buffalo, NY); August 11, 1995; CHRIS BAKER – Los Angeles Times

Fontana will forfeit Redlands football game, Redlands Daily Facts; October 17, 2006; JOHN MURPHY

FOR DODGERS, FORFEIT NO JOKE L.A. FILES A PROTEST WITH NL, BELIEVES WARNING WAS WARRANTED, Daily News (Los Angeles, CA); August 12, 1995; Ken Daley Daily News Staff Writer

Forfeit creates SWC co-champs.(Sports)(Sheldon ties South Medford for title after the Panthers self-report an OSAA coaching violation), The Register Guard (Eugene, OR); March 2, 2007

Gwynn Park Loses Six Wins to Forfeit, The Washington Post; November 10, 2007; Josh Barr – Washington Post Staff Writer

Pat Gillen (S) pins Markice Waters, 0:20; 285: Imre Pogascus (S) won by forfeit; 103: Sean Kellet (S) [Derived Headline], New Haven Register (New Haven, CT); January 22, 2009; Mike Pucci

Eligibility Rules Force Many Schools to Forfeit; Area Administrators Sympathize With OP, The Washington Post; October 26, 1997; Brad Parks

‘Forfeit Monday’ a public shame, Chicago Sun-Times; March 4, 2005; Tina Akouris

Can A Landlord Forfeit the Lease of A Company in Administration?, Mondaq Business Briefing; May 3, 2013

MONTEREY FORFEITS OPENING WIN: Toreadores try to move on after ineligible player drops their record to 1-1., The Monterey County Herald (Monterey, CA); September 20, 2007

REPUBLICANS ORDERED TO FORFEIT MILLIONS, The Columbian (Vancouver, WA); August 3, 2002; PAUL QUEAR
Y, Associated Press writer

Forfeit Buoys Topalov, The Washington Times (Washington, DC); October 7, 2006