Adverse
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Adverse or adverse interest, in law, is anything that functions contrary to a party's interest.[1]
This word should not be confused with averse.
The most common use of the term is "an interest, claim , or right that is against another’s interest."[1] This occurs not only in the law; examples also pop up in accounting. [2] Furthermore, an adverse interest is an exception to agency law. [3] The law regarding this exception is narrowly defined, so a judge will instruct a trial jury on the specific law.[4]
A second use of the phrase is when some "witness with adverse interest means the witness is hostile. A hostile witness wants different results of the lawsuit than the party who calls them."[1]
Adverse possession
[edit]A third use of the word "adverse" is "In real property, adverse interest means a person who is not the owner of the land or house owns an interest in the property."[1]
In property law, adverse possession refers to an interest in real property which is contrary to the in-fact owner of the property. For example, an easement may permit some amount of access to property which might otherwise constitute a trespass.
See also
[edit]
References
[edit]- ^ a b c d "adverse interest". Cornell Law School Legal Information Institute. June 1, 2022. Retrieved March 12, 2025.
- ^ "What are some examples of the adverse interest threat?". Universal CPA Review. 2022. Retrieved March 12, 2025.
- ^ Loewenstein, Mark J. (2013). "Imputation, the Adverse Interest Exception, and the Curious Case of the Restatement (Third) of Agency". U. Colo. L. Rev. p. 305. Retrieved March 12, 2025.
- ^ "Manual of Model Civil Jury Instructions › 4. Agency: 4.13 Adverse Interest Exception". United States Court of Appeals for the Ninth Circuit. Retrieved March 12, 2025.
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