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Legal right

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A Right is a power, privilege, faculty, or demand, inherent in one person and incident upon another.

Rights can be moral or legal.

A Legal Right is an interest recognized and protected by a rule of law. The violation of the law would be a legal wrong.

Thus, every one has right to privacy in his house and if any person interferes with this right, it would be a legal wrong.

Interesting comments are given on the concept of Legal right by various legal researchers:

1. John Austin said: A party has a right when another or others are bound or obliged by law to do or forbears towards or in regard to him.

2.Ihring defined "legally protected interest"

3. Prof. Vindogradoff said: A right is a range of action assigned to a particular will within the social order established by law...

4. Prof. Paton said that one of the conditions of a legal right is that it should be enforceable by the legal process of state. He made three exceptions to this general assumption.

Theories of Legal Right

  • Will Theory of Legal Right
  • Interest Theory of Legal Right

Elements of Legal Right

  • Five elements are propounded Salmond
  1. Person of Inherence
  2. Person of Incidence
  3. Contents of the right
  4. Subject matter of right
  5. Title of the right

Questions raised

  1. Can there be an Ownerless Right?
  2. Can a right be used against the State?

Legal Rights and other concepts

  • Right and Duty
  • Right and Liberty
  • Power and Subjection
  • Immunity and Disability

Classification of Legal Rights

  • Perfect and Imperfect Rights
  • Positive and Negative Rights
  • Real and Personal Rights
  • Proprietary and Personal Rights
  • Rights in re propia and Rights in re aliena
  • Principal and Accessory Rights
  • Primary and Sanctioning Rights
  • Legal and Equitable Rights
  • Vested and Contingent Right
  • Public and Private Rights
  • Jus ad rem

Related Cases / Recent Cases / Case Laws

  • Fine v. Pratt, Tex.Civ.App., 150 S. W.2d 308, 311: Natural rights, rights existing as result of contract, and rights created or recognized by law.
  • Claim enforceable by legal means against person or community; well-founded claim, enforced by sanctions, or right to which state gives sanction ' of remedies, Louis Kamm, Inc., v. Flank, 113 N.J.L. 582, 175 A. 62, 65, 99 A.L.R. 1;
  • Norwood v. McDonald, 142 Ohio St. 299, 52 N.E.2d 67, 72: Interest for infringement of which law gives a remedy
  • Personal interest or claim which society is willing to enforce, Greek Catholic Congregation of Borough of Olyphant v. Plummer, 347 Pa. 351, 32 A.2d 299, 300.
  • Ram Singh v Ramchand, (1923) 40 CLJ 276 (PC): Though in India, the same courts administer both law and equity, and there is no distinction between legal and equitable rights as such, yet the origin of the various rights and remedies as in England is not overlooked and equitable defenses are of no avail to statutory rights.

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