Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Legal doctrine
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Examples== Examples of legal doctrines include: {|class="wikitable" width="100%" ! Doctrine ! Definition and use |- |{{anchor|F}} ''[[Faithless servant]]'' |Under the laws of a number of states in the United States, and most notably [[Law of New York (state)|New York State law]], an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.<ref name="auto6">{{Cite book|url=https://books.google.com/books?id=3RaGDwAAQBAJ&q=%22faithless+servant%22&pg=PA472|title=Employment Law: Private Ordering and Its Limitations|first1=Timothy P.|last1=Glynn|first2=Rachel S.|last2=Arnow-Richman|first3=Charles A.|last3=Sullivan|date= 2019|publisher=Wolters Kluwer Law & Business|via=Google Books|isbn=9781543801064}}</ref><ref name="auto">{{Cite book|url=https://books.google.com/books?id=7VdCAQAAIAAJ&q=%22faithless+servant%22|title=Annual Institute on Employment Law|volume=2|date= 2004|publisher=Practising Law Institute|via=Google Books}}</ref><ref name="auto3">{{Cite book|url=https://books.google.com/books?id=bD0pAQAAMAAJ&q=%22faithless+servant%22+-bible+-england+-jesus+-lord+-testament|title=New York Jurisprudence 2d|volume=52|date=2009|publisher=West Group|via=Google Books}}</ref><ref name="auto2">{{Cite book|url=https://books.google.com/books?id=r-BZAAAAYAAJ&q=%22faithless+servant%22+-bible+-england+-jesus+-lord+-testament|title=Labor Cases|volume=158|date= 2009|publisher=Commerce Clearing House.|via=Google Books}}</ref><ref name="auto5">{{Cite web|url=https://www.cnn.com/2018/05/18/us/met-opera-sues-conductor/index.html|title=Met Opera sues former conductor for $5.8 million over sexual misconduct allegations|author=Ellie Kaufman|date=May 19, 2018|website=CNN}}</ref> It is a very old [[common law]] doctrine that springs out of [[agency law]].<ref name="auto1">{{Cite web|url=https://www.law.com/newyorklawjournal/2018/05/29/the-ancient-common-law-faithless-servant-rule-still-relevant-in-new-york/|title=The Ancient Common Law Faithless Servant Rule: Still Relevant in New York|first1=David B.|last1=Saxe|first2=Danielle C. |last2=Lesser|work=New York Law Journal|date=May 29, 2018}}</ref><ref name="auto7">Manning Gilbert Warren III (2010). [https://web.archive.org/web/20210418051528/https://www.law.upenn.edu/journals/jbl/articles/volume12/issue4/Warren12U.Pa.J.Bus.L.1135%282010%29.pdf "Equitable Clawback: An Essay on Restoration of Executive Compensation"]. 12 ''University of Pennsylvania Journal of Business Law'' 1135.</ref><ref name="auto"/><ref>Frank J Cavico, Bahaudin G Mujtaba, Stephen Muffler. (2018). [https://www.abacademies.org/articles/the-duty-of-loyalty-in-the-employment-relationship-legal-analysis-and-recommendations-for-employers-and-workers-1544-0044-21-3-136.pdf "The Duty of Loyalty in the Employment Relationship: Legal Analysis and Recommendations for Employers and Workers"]. ''Journal of Legal, Ethical and Regulatory Issues'', Vol. 21, Issue 3.</ref> |- |{{anchor|F}} ''[[Fundamental breach]]'', also known as ''fundamental term'' or ''repudiatory breach'' |Under English common law, performance may be held to be so substandard that the party injured by the breach is to be exonerated from the performance even if the contract specifically requires performance in the face of a breach.<ref name=Willes/> It is an extension of the doctrine of deviation.{{cn|date=August 2019}} |- |{{anchor|L}} ''[[Laches (equity)|Laches]]'' |Under English common law, a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. The doctrine of laches is intended to prevent injustice to the defendant because of the plaintiff reserving action for the time most convenient or advantageous for them. |- |{{anchor|S}} ''[[Substantial performance]]'' |A rule of equity in which, by contrast to fundamental breach, a contract that is substantially performed before a breach occurs may still be upheld to the benefit of the defendant. It is used by courts to prevent the injured party from taking unfair advantage of the party that breached after a portion of the contract has been performed.<ref name=Willes/> |- |{{anchor|A}} ''[[Attribution (law)|Attribution]]'' |A series of doctrines (such as [[vicarious liability]] and [[common purpose]]) allowing an actor to be held liable for actions he did not actually commit. |- |{{anchor|T}} ''[[Tipsy Coachman]]'' | A principle of appellate law that allows an appellate court to affirm a trial court that reaches the right result but for the wrong reasons, so long as there is any basis which would support the judgment in the record. |}
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)