Our founding fathers created the constitution by combining moral customs and contemporary court rulings. They also incorporated common sense with justice. Modern jurists augmented these laws to conform to the current needs. Its evolution help maintains peace and society intact.
Understanding the principles behind these laws will strengthen our faith in the system. It tells us that no matter what our political affiliation is, we should stand behind our government. It is a lesson that we should teach to future generations.
Working knowledge on the law can lessen your vulnerability. It helps you guard your rights while not trampling on someone else’s freedom. Let us discuss a few legal concepts.
This principle is often associated with corporate law. But it also applies to those who are about to enter a contract. This concept means reasonable care. If you were to use it in the strictest legal term, it signifies that you investigated before agreeing to the terms.
A good example would be when we invest in stocks. Everyone expects that you already researched the issuing company. In this situation, the concept of due diligence comes in when you studied the entity’s consolidated financial statement. You are aware of the risk associated with this purchase.
In this example, you cannot sue the company for the devaluation of your stocks. But let us say that a friend asked you to help bankroll his product. He produced paperwork to prove the profitability of his business. He alluded that you would get returns in the second year and not on the first.
After reviewing all the facts, you decided to invest in his business. If you will not receive anything after a year, your friend is not liable for breach of contract. But if after a month of receiving your money, he disappears. You can sue him for fraud.
We often associate this with a medical malpractice suit. But it is applicable in the transportation of people. As a rule, a judge will favor the plaintiff if these elements are present:
- Duty of Care – The complainant must prove that the accused has the legal responsibility to tend to him.
- Breach – Once the plaintiff proves the element of Duty of Care, he must establish that the defendant was in breach of that responsibility.
- Causation – The litigant must also prove that the breach of the Duty of Care resulted in the damage or injury.
- Damages – Once the complainant successfully establishes all three elements, the court awards him compensation for the injury caused. It covers both economic and non-financial losses.
Let us take a supposed to be simple taxi ride as an example. Once you settle inside the vehicle, the taxi driver has the legal responsibility to take care of you. Although it is not his duty to tell you to wear the seat belt, he still reminded you to do so. He already practiced extraordinary care of his passenger.
In this scenario, let us say that you were busy talking on the phone and did not put on your seat belt. During the trip, a truck hit your hired vehicle. The taxi went downhill. The taxi driver still had enough presence of mind to jump out of the car.
Let us say that you survived the collision. In this situation, the truck accident attorney might immediately negotiate for an extrajudicial settlement. If you file a case against the taxi driver, the court will likely throw it out even if the driver jumped out of the vehicle. The judge will probably tell you that the driver also had a duty to take care of himself.
With the current pandemic, medical experts remind us again and again that masks can save lives. Many people ask if the government has the power to order a mask mandate on the public. The answer is yes. This ability is called police power.
When someone questions the state’s police power, the court attending to this matter refers to the Balance of Interest. We recently witnessed this when the newly appointed Supreme Court Justice Amy Coney Barrett threw out a case against a state university’s vaccine mandate. We also saw governors order a state-wide mask directive.
Our founding fathers did not haphazardly throw in legal traditions to make our constitution. They weighed in common sense and benevolence while creating these laws. The legislative branch continued this practice until today. It is our duty as citizens to follow these regulations. By doing this, we guarantee the freedom of future generations.