abuse of rights doctrine

abuse-of-rights doctrine. Civil law. The principle that a person may be liable for harm caused by doing something the person has a right to do, if the right is exercised (1) for the purpose or primary motive of causing harm, (2) without a serious and legitimate interest that is deserving of judicial protection, (3) against moral rules, good faith, or elementary fairness, or (4) for a purpose other than its intended legal purpose. [Cases: Torts

6. C.J.S. Torts §§ 5, 16–22.]

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词条贡献者

译者David，毕业于亚洲顶尖的高级翻译学院，擅长翻译各种与复杂商业诉讼相关的法律文件。