Legal Definitions - favorite of the law

The term favorite of the law refers to a person, group, or legal status that the legal system, through its established rules and principles, tends to treat with special consideration, protection, or a degree of preference. This means the law often provides them with advantages, greater safeguards, or a more lenient interpretation of rules compared to others, recognizing a particular vulnerability, public interest, or important policy goal.

Here are some examples illustrating this concept:

• Consumers in Contract Disputes: Imagine a situation where a large corporation has drafted a lengthy, complex contract, and an individual consumer signs it without fully understanding every technical clause. If a dispute arises and the contract contains ambiguous language, courts often interpret those unclear terms against the business that drafted the contract and in favor of the consumer. This is because consumers are generally viewed as having less bargaining power and legal expertise than large companies, making them a "favorite of the law" to ensure fairness and prevent exploitation.

• Children in Custody Proceedings: When parents divorce and are in disagreement over who should have primary custody of their child, the legal system's primary guiding principle is the "best interests of the child." While parents have rights, the court's ultimate decision will prioritize the child's well-being, safety, stability, and development above the individual preferences or desires of either parent. The child's welfare is thus considered a "favorite of the law," receiving paramount consideration.

• Homeowners Facing Foreclosure: In many jurisdictions, laws provide specific protections for homeowners who are at risk of losing their homes through foreclosure. For instance, lenders might be required to provide extensive notice, offer opportunities for loan modification, or follow strict procedures before a foreclosure can proceed. These legal safeguards are often more robust than those for other types of debt collection, reflecting a public policy interest in protecting individuals' primary residences. Homeowners in such vulnerable situations are often treated as a "favorite of the law" to prevent sudden displacement.