Contract Glossary
Prevailing Party
Definition
The prevailing party is the side that wins, or substantially wins, a legal dispute. It matters because many contracts require the losing party to pay the winner's attorney's fees and costs.
In Practice
A landlord sues a tenant for $50,000 in damages. The tenant countersues for $20,000. The court awards the landlord $35,000 and the tenant $15,000. Who's the prevailing party? Courts in different states would handle this differently, some would award fees to the landlord, some would say there's no prevailing party.
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