Legal doctrine

! Doctrine

! Definition and use

|Under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.{{Cite book|url=https://books.google.com/books?id=3RaGDwAAQBAJ&q=%22faithless+servant%22&pg=PA472|title=Employment Law: Private Ordering and Its Limitations|first1=Timothy P.|last1=Glynn|first2=Rachel S.|last2=Arnow-Richman|first3=Charles A.|last3=Sullivan|date= 2019|publisher=Wolters Kluwer Law & Business|via=Google Books|isbn=9781543801064}}{{Cite book|url=https://books.google.com/books?id=7VdCAQAAIAAJ&q=%22faithless+servant%22|title=Annual Institute on Employment Law|volume=2|date= 2004|publisher=Practising Law Institute|via=Google Books}}{{Cite book|url=https://books.google.com/books?id=bD0pAQAAMAAJ&q=%22faithless+servant%22+-bible+-england+-jesus+-lord+-testament|title=New York Jurisprudence 2d|volume=52|date=2009|publisher=West Group|via=Google Books}}{{Cite book|url=https://books.google.com/books?id=r-BZAAAAYAAJ&q=%22faithless+servant%22+-bible+-england+-jesus+-lord+-testament|title=Labor Cases|volume=158|date= 2009|publisher=Commerce Clearing House.|via=Google Books}}{{Cite web|url=https://www.cnn.com/2018/05/18/us/met-opera-sues-conductor/index.html|title=Met Opera sues former conductor for $5.8 million over sexual misconduct allegations|author=Ellie Kaufman|date=May 19, 2018|website=CNN}} It is a very old common law doctrine that springs out of agency law.{{Cite web|url=https://www.law.com/newyorklawjournal/2018/05/29/the-ancient-common-law-faithless-servant-rule-still-relevant-in-new-york/|title=The Ancient Common Law Faithless Servant Rule: Still Relevant in New York|first1=David B.|last1=Saxe|first2=Danielle C. |last2=Lesser|work=New York Law Journal|date=May 29, 2018}}Manning Gilbert Warren III (2010). [https://web.archive.org/web/20210418051528/https://www.law.upenn.edu/journals/jbl/articles/volume12/issue4/Warren12U.Pa.J.Bus.L.1135%282010%29.pdf "Equitable Clawback: An Essay on Restoration of Executive Compensation"]. 12 University of Pennsylvania Journal of Business Law 1135.Frank J Cavico, Bahaudin G Mujtaba, Stephen Muffler. (2018). [https://www.abacademies.org/articles/the-duty-of-loyalty-in-the-employment-relationship-legal-analysis-and-recommendations-for-employers-and-workers-1544-0044-21-3-136.pdf "The Duty of Loyalty in the Employment Relationship: Legal Analysis and Recommendations for Employers and Workers"]. Journal of Legal, Ethical and Regulatory Issues, Vol. 21, Issue 3.

|Under English common law, performance may be held to be so substandard that the party injured by the breach is to be exonerated from the performance even if the contract specifically requires performance in the face of a breach. It is an extension of the doctrine of deviation.{{cn|date=August 2019}}

|Under English common law, a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. The doctrine of laches is intended to prevent injustice to the defendant because of the plaintiff reserving action for the time most convenient or advantageous for them.

|A rule of equity in which, by contrast to fundamental breach, a contract that is substantially performed before a breach occurs may still be upheld to the benefit of the defendant. It is used by courts to prevent the injured party from taking unfair advantage of the party that breached after a portion of the contract has been performed.

|A series of doctrines (such as vicarious liability and common purpose) allowing an actor to be held liable for actions he did not actually commit.

| A principle of appellate law that allows an appellate court to affirm a trial court that reaches the right result but for the wrong reasons, so long as there is any basis which would support the judgment in the record.