Legal Doctrines

The doctrine of Pith and Substance - It arises when there is a conflict between two or different subject matters of different list. There can be circumstances in which subject matter of list 1 clashes with the subject matter of list 2. Hence, this doctrine is applied in this kind of situation.

The doctrine of Colourable Legislation - The doctrine says that what cannot be done directly, cannot also be done indirectly”. It is based upon the doctrine of power separation. Separation of power mandates to strike power of balance between different state components.

The doctrine of Harmonious construction - It states that a provision of the statute should not be interpreted or construed in isolation but as a whole, so as to remove any inconsistency or repugnancy.

Doctrine of Eclipse - The doctrine of eclipse means that an existing law that is inconsistent with a fundamental right, although it becomes inoperative from the date of the constitution’s beginning, is not entirely dead.

The doctrine of Basic Structure -This doctrine says that the parliament cannot alter or destroy certain basic features in the constitution.

Doctrine of Incidental or Ancillary Powers - This principle is an addition to the doctrine of Pith and Substance. What it means is that the power to legislate on a subject also includes the power to legislate on ancillary matters that are reasonably connected to that subject.

Doctrine of Delegated Legislation - Executive authority is given powers by primary legislation to make laws or other similar instruments.

Doctrine of Necessity - Used to justify the violation of rights or extra-constitutional by the state in extreme situations to restore peace and stability.

Doctrine of Pleasure - Except for the provisions provided by the Constitution, the civil servants hold the office at the pleasure of the President or the Governor as the case may be.

Doctrine of Territorial Nexus - Any legislature can pass legislation on issues outside its territorial jurisdiction only if it creates a territorial nexus.

Doctrine of Implied Powers - The powers that are not given directly by a constitution to a certain authority like parliament or the Supreme Court. However, it is assumed that these powers are required for the proper discharge of the obligations set forth in the Constitution

Doctrine of Precedent - Hierarchy or precedence is established by Article 141 of the Indian Constitution which states that laws or decisions declared by the Supreme Court are binding on all courts within the territory of India.

Doctrine of Judicial Review - Article 13 Judicial Review refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India.

Doctrine of absolute privilege- Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings.

Doctrine of anticipatory breach - The doctrine holding that even if the contract is divisible in its performance and the future periodic deliveries are not yet due, if the obligor has already manifested his refusal to comply with his future periodic obligations, “the contract is entire and the breach total,” hence there can only be 1 action for damages.

Doctrine of benevolent neutrality - The doctrine holding that freedom to carry out one’s duties to a Supreme Being is an inalienable right, not one dependent on the grace of legislature and religious freedom is seen as a substantive right and not merely a privilege against discriminatory legislation.

Doctrine of caveat emptor - A warning that notifies a buyer that the goods he or she is buying are “as is,” or subject to all defects. The principle under which the buyer could not recover damages from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Also, Doctrine of let the buyer beware.

Doctrine of checks and balances - A doctrine that allows 1 dept. to resist encroachments upon its powers and prerogatives by the other depts. or to rectify the mistakes or curb the excesses committed by the other depts. Also called Checks and balances doctrine.

Doctrine of estoppel - A doctrine based on grounds of public policy, fair dealing, good faith and justice, the purpose [of which is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon.

Doctrine of holding out - The doctrine where the principal will be estopped from denying the grant of authority if 3rd parties have changed their positions to their detriment in reliance on the representations made. Also, Doctrine of agency by estoppel.

Doctrine of implied conspiracy - The doctrine under which 2 or more persons participating in the commission of a crime are held to be collectively liable as co-conspirators, notwithstanding the absence of any agreement to that effect, if they act in concert, showing unity of crim. intent and a common purpose.

Doctrine of implied trust - The doctrine enunciated in Art. 1456 of the Civ. Code which provides that “if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.

Doctrine of judicial stability - The doctrine that no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction.

Doctrine of jus soli - Right of the soil. The doctrine recognizing the right of anyone born in the territory of a state to nationality or citizenship.

Doctrine of laches - A doctrine based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted.

Doctrine of lis pendens - A pending suit. The jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder.

Doctrine of malicious prosecution - The doctrine that pertains to persecution through the misuse or abuse of judicial processes; or the institution and pursuit of legal proceedings for the purpose of harassing, annoying, vexing or injuring an innocent person.

Doctrine of privit - This doctrine provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. The basic premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.

Doctrine of promissory estoppel - The doctrine under which an estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice.

Doctrine of public policy - The doctrine under which, as applied to the law of contracts, courts of justice will not recognize or uphold a transaction when its object, operation, or tendency is calculated to be prejudicial to the public welfare, to sound morality or to civic honesty.

Doctrine of quantum meruit- As much as one deserves. The doctrine that prevents undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it.

Doctrine of relation back - A principle that something done today will be treated as if it were done earlier. This doctrine is applied under certain circumstances.

Doctrine of res ipsa loquitur - The thing itself speaks. A doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

Doctrine of res judicata The doctrine that has 2 aspects. The 1st is the effect of a judgment as a bar to the prosecution of a 2nd action upon the same claim, demand or cause of action. The 2nd aspect is that it precludes the re-litigation of a particular fact or issues in another action bet. the same parties on a diff. claim or cause of action.

Doctrine of stare decisis - The doctrine that enjoins adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of its Supreme Court. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land.

Doctrine of subrogation - The principle that covers a situation wherein an insurer who has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a 3rd party with respect to any loss covered by the policy. It contemplates full substitution such that it places the party subrogated in the shoes of the creditor, and he may use all means that the creditor could employ to enforce payment.

Doctrine of volenti non-fit injuria - The doctrine that self-inflicted injury or to the consent to injury precludes the recovery of damages by the person who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so.

Doctrine of waiver -A doctrine resting upon an equitable principle which courts of law will recognize, that a person, with full knowledge of the facts shall not be permitted to act in a manner inconsistent with his former position or conduct to the injury of another, a rule of judicial policy, the legal outgrowth of judicial abhorrence so to speak, of a person’s taking inconsistent positions and gaining advantages thereby through the aid of courts.

Doctrine of waiver of double jeopardy -The doctrine that holds that when the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to another prosecution for the same offense; because his action in having the case dismissed constitutes a waiver of his Constitutional right or privilege, for the reason that he thereby prevents the court from proceeding to the trial on the merits and rendering a judgment of conviction against him.

Doctrine of willful blindness -A doctrine in taxation that an individual or corp. can no longer say that the errors on their tax returns are not their responsibility or that it is the fault of the accountant they hired.

Doctrine of willful blindness -A doctrine in taxation that an individual or corp. can no longer say that the errors on their tax returns are not their responsibility or that it is the fault of the accountant they hired.