Abuse of Rights
/əˈbjuːs əv raɪts/
Definitions
- (n.) Improper or bad faith exercise of a legal right for an ulterior purpose, causing harm or injustice.
The court ruled that the tenant's claim was an abuse of rights intended to delay eviction.
- (n.) In civil law, a principle preventing rights from being exercised in ways that contradict their social function or cause harm to others.
Under the abuse of rights doctrine, property owners cannot use their rights to infringe on neighbors' peaceful enjoyment.
Related terms
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Commentary
The abuse of rights doctrine varies by jurisdiction but commonly serves to limit the rigid exercise of legal rights when misused; drafting should clarify the intended boundary of lawful exercise to avoid claims of abuse.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.