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Simple English definitions for legal terms
by operation of law
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A quick definition of by operation of law:
Term: BY OPERATION OF LAW
Definition: By operation of law means that something happens automatically, without anyone having to do anything. It's like a rule that applies to everyone, whether they want it to or not. For example, if a court doesn't make a decision about something within a certain amount of time, the decision is automatically made the other way. This is called overruling by operation of law.
A more thorough explanation:
By operation of law means that a right or a liability is created for a party regardless of the party's actual intent. It is a legal principle that automatically applies without any action or agreement by the parties involved.
1. If a person dies without a will, their property will be distributed to their heirs by operation of law.
2. When a company goes bankrupt, its assets are distributed among its creditors by operation of law.
3. If a contract is illegal, it is considered void by operation of law.
These examples illustrate how a right or a liability is created for a party without their intention or agreement. In the first example, the person did not intend for their property to be distributed without a will, but it happens automatically by operation of law. Similarly, in the second example, the creditors did not have to take any action to receive their share of the bankrupt company's assets. Finally, in the third example, the contract is considered void even if the parties did not intend for it to be so, because it violates the law.