Refusal

The act of declining to receive or to do something. In some cases, a neglect to perform a duty ■vnll be construed as a refusal; but, ordinarily, demand is essential to refusal. 6 Gray (Mass.) 224. Refusal is sometimes used in the sense of "option;" thus, to "give a refusal" of property means to give an option of buying it. REFUTANTIA (Law Lat.) In old records. An acquittance or acknowledgment of renouncing all future claim. Cowell.

The act of declining to receive or to do something. A grantee may refuse a title, see Assent; one appointed executor may refuse to act as such. In some cases, a neglect to perform a duty which the party is required by law or his agreement to do will amount to a refusal. The word is often used to indicate an option: as, the refusal of a house. See Offer; Contract.

The act of one who has, by law, a right and power of having or doing something of advantage, and declines it Also, the declination of a request or demand or the omission to comply with some requirement of law, as the result of a positive intention to disobey.

In the latter sense, the word is often coupled with "neglect," as, if a party shall "neglect or refuse" to pay a tax, file an official bond, obey an order of court, etc. But "neglect" signifies a' mere omission of a duty, which may happen through Inattention, dilatoriness, mistake or inability to perform, while "refusal" implies the positive denial of an application or command or at least a mental determination not to comply. See Thompson v. Tinkcom, 15 Minn. 299 (Gil. 226); Pcople v. Perkins, 85 Cal. 509, 26 Pac. 245; Kimball v. Rowland, 6 Gray (Mass.) 225; Davis v. Lumpkin, 106 Ga. 582, 32 S. E. 626; Bums v. Fox, 113 Ind. 205, 14 N. E. 541; Cape Elizabeth v. Boyd, 86 Me. 317, 29 Atl. 1062; Taylor v. Mason, 9 Wheat. 344, 6 L. Ed. 101.

The act of declining to receive or to do something. A grantee may refuse a title, vide Assent; one appointed executor may refuse to act as such. In some cases, agreement to do, will amount to @ refusal.