"Principle of law" redirects here. For other uses, see law (principle).
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the de facto method of deciding like situations.
Under the laws of a number of states in the United States, and most notably 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.[1][2][3][4][5] It is a very old common law doctrine that springs out of agency law.[6][7][2][8]
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.[9] It is an extension of the doctrine of deviation.[citation needed]
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.
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.[9]
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.
^Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN9781543801064 – via Google Books.
^ abAnnual Institute on Employment Law. Vol. 2. Practising Law Institute. 2004 – via Google Books.
^New York Jurisprudence 2d. Vol. 52. West Group. 2009 – via Google Books.
^Labor Cases. Vol. 158. Commerce Clearing House. 2009 – via Google Books.
^Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
^Saxe, David B.; Lesser, Danielle C. (May 29, 2018). "The Ancient Common Law Faithless Servant Rule: Still Relevant in New York". New York Law Journal.
^Manning Gilbert Warren III (2010). . 12 University of Pennsylvania Journal of Business Law 1135.
^Frank J Cavico, Bahaudin G Mujtaba, Stephen Muffler. (2018). "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.
^ abWilles, John A; Willes, John H (2012). Contemporary Canadian Business Law: Principles and Cases (9th ed.). McGraw-Hill Ryerson.
External linksedit
Media related to Legal doctrines and principles at Wikimedia Commons
Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020)
legal, doctrine, principle, redirects, here, other, uses, principle, legal, doctrine, framework, rules, procedural, steps, test, often, established, through, precedent, common, through, which, judgments, determined, given, legal, case, example, doctrine, comes. Principle of law redirects here For other uses see law principle A legal doctrine is a framework set of rules procedural steps or test often established through precedent in the common law through which judgments can be determined in a given legal case For example a doctrine comes about when a judge makes a ruling where a process is outlined and applied and allows for it to be equally applied to like cases When enough judges make use of the process it may become established as the de facto method of deciding like situations Contents 1 Examples 2 See also 3 References 4 External linksExamples editExamples of legal doctrines include Doctrine Definition and use Faithless servant Under the laws of a number of states in the United States and most notably 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 1 2 3 4 5 It is a very old common law doctrine that springs out of agency law 6 7 2 8 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 9 It is an extension of the doctrine of deviation citation needed 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 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 9 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 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 See also editConstitutionalism Constitutional economics Concept Rule according to higher law Legal fiction Legal precedent Ex aequo et bonoReferences edit Glynn Timothy P Arnow Richman Rachel S Sullivan Charles A 2019 Employment Law Private Ordering and Its Limitations Wolters Kluwer Law amp Business ISBN 9781543801064 via Google Books a b Annual Institute on Employment Law Vol 2 Practising Law Institute 2004 via Google Books New York Jurisprudence 2d Vol 52 West Group 2009 via Google Books Labor Cases Vol 158 Commerce Clearing House 2009 via Google Books Ellie Kaufman May 19 2018 Met Opera sues former conductor for 5 8 million over sexual misconduct allegations CNN Saxe David B Lesser Danielle C May 29 2018 The Ancient Common Law Faithless Servant Rule Still Relevant in New York New York Law Journal Manning Gilbert Warren III 2010 Equitable Clawback An Essay on Restoration of Executive Compensation 12 University of Pennsylvania Journal of Business Law 1135 Frank J Cavico Bahaudin G Mujtaba Stephen Muffler 2018 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 a b Willes John A Willes John H 2012 Contemporary Canadian Business Law Principles and Cases 9th ed McGraw Hill Ryerson External links edit nbsp Media related to Legal doctrines and principles at Wikimedia Commons Pierre Schlag and Amy J Griffin How to do Things with Legal Doctrine University of Chicago Press 2020 Emerson H Tiller and Frank B Cross What is Legal Doctrine Northwestern University Law Review Vol 100 1 2006 nbsp This law related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Legal doctrine amp oldid 1217387222, wikipedia, wiki, book, books, library,
