What is a hardship in civil law?
In civil law, a hardship is a situation where an individual or group of people is unable to comply with a legal obligation due to circumstances beyond their control. This can be recognized by courts in California, depending on the context. For example, an individual may be unable to pay a debt due to unexpected medical bills. This would likely be considered a hardship, as the medical bills are an event outside of their control. Similarly, a business may have suffered extreme financial losses due to an economic recession, making it impossible to pay debts. Again, this would generally be considered a hardship. The most common use of a hardship defense in California is in contract-related disputes. If a party to a contract suffers a hardship due to circumstances beyond their control, they may be able to get out of the contract or delay payments without being held responsible for breaching the contract. In addition to contract disputes, hardships may also be invoked in other areas of civil law such as landlord-tenant disputes, family law issues, and professional licensing disputes. The key is that the hardship must be something caused by circumstances outside the control of the individual or group of people. If accepted, the hardship can provide some relief from the obligations of civil law.
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