Written by attorneys · grounded in primary & secondary sources — see below
A right recognized and enforceable in a court of law through remedies such as damages or restitution. Such rights arise from common-law actions or statutes and stand in contrast to interests enforceable only through equitable remedies like specific performance or constructive trusts.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Land Sale Risk Allocation
Lakeshore Industries signed a contract to buy a warehouse from Landmark Realty. Before closing a fire destroyed the building. Because the contract had already been formed the buyer held an equitable interest while the seller retained only legal title in trust. The buyer therefore bore the risk of loss and remained obligated to pay the full purchase price under its legal rights.
Attorney Media Rights Ban
Luna Lang represented Leo Lynch in a high-profile criminal case. Before the representation ended Lang proposed that Lynch sign an agreement granting her the exclusive right to write a book about the trial. The proposed agreement violated the prohibition on acquiring literary rights based on information obtained during representation, so Lynch could enforce his legal rights to bar the deal.
Missing Contract Term Supplied
Lola Langley agreed to sell her software business to Lorenzo Lugo but the parties never specified the payment schedule. When a dispute arose the court supplied a reasonable term requiring payment in installments over three years because the contract was otherwise sufficiently definite to be enforced through legal rights to damages.
Consented Chattel Use
Luke Latham allowed Levi Lowe to borrow his diagnostic equipment for a weekend inspection. When Lowe kept the equipment an extra day Latham could not recover in conversion because he had consented to the initial interference with his possessory rights, extinguishing the legal right to damages.
Implied Constitutional Claim
Luna Lang sued federal officers alleging an unreasonable search that violated the Fourth Amendment. Although the statute did not expressly create a damages remedy the court recognized an implied cause of action directly under the Constitution and therefore exercised federal question jurisdiction to enforce those legal rights.
Dual Capacity Partner
Lakeshore Industries formed a limited partnership in which Levi Lowe served simultaneously as general partner and limited partner. When the firm incurred liabilities Lowe was subject to the full obligations of a general partner for acts taken in that capacity while retaining the limited liability protections available to a limited partner for acts taken in that separate role, each enforced as distinct legal rights.
Common questions
Frequently Asked
6
How does the distinction between legal title and equitable interest affect risk of loss after a land contract is signed?+
Once a binding contract forms the buyer acquires an equitable interest and the seller holds legal title only as trustee. In most jurisdictions the buyer therefore bears the risk of loss if the property is damaged before closing.
Supporting sources
Does a lawyer violate professional conduct rules by negotiating media rights with a client before the representation ends?+
Yes. The rule prohibits a lawyer from making or negotiating any agreement giving the lawyer literary or media rights based on information relating to the representation until the representation has concluded.
When may a court supply a missing term in an otherwise enforceable contract?+
A court supplies a reasonable term when the parties have formed a sufficiently definite bargain but have omitted an essential term needed to determine their rights and duties.
Supporting sources
Does consent to an initial interference with chattel rights bar a later conversion claim?+
Consent to the interference defeats liability for conversion or trespass to chattels to the extent of the consent given.
Supporting sources
May a plaintiff invoke federal question jurisdiction when the Constitution does not expressly create a damages remedy?+
Yes. Federal question jurisdiction exists when the plaintiff asserts a right to relief directly under the Constitution or federal law even if Congress has not provided an express cause of action.
Supporting sources
What duties apply when one person acts as both general and limited partner?+
The person is subject to the obligations of a general partner when acting in that capacity and to the obligations of a limited partner when acting in that capacity.
Supporting sources
rights
are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal…
rights
which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject race." See also Virginia v. Rives , 100 U.S. 313, 318 (1880); Ex parte…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational