Legal Definitions - oppression

In legal contexts, oppression refers to the unjust or abusive exercise of power or authority, often causing harm or disadvantage to another party. It can manifest in several specific ways:

• General Unjust Exercise of Authority or Power

  This is the broadest sense of oppression, referring to any instance where someone in a position of power or authority uses that power unfairly or unjustly against another.

  • Example 1: A large, dominant technology company uses its market position to force smaller software developers to exclusively use its proprietary payment system, charging exorbitant fees and making it nearly impossible for them to offer their products through other channels. This is an unjust exercise of market power, limiting competition and harming smaller businesses.

    Explanation: The dominant company, by leveraging its significant market control, unfairly dictates terms to smaller entities, restricting their choices and potentially stifling their growth, which constitutes an unjust exercise of its authority in the marketplace.

  • Example 2: A university professor, holding significant power over their students' academic careers, unfairly targets a particular student, giving them consistently lower grades than deserved and denying opportunities for research or mentorship, not based on performance but on a personal bias. This is an unjust exercise of the professor's authority.

    Explanation: The professor's actions demonstrate an abuse of their position and authority within the academic setting, unfairly disadvantaging the student without legitimate cause.

• Abuse of Discretionary Authority by a Public Officer

  This specific type of oppression occurs when a public official misuses their official powers or discretion with an improper motive, leading to injury or harm to an individual.

  • Example 1: A city council member, motivated by a personal vendetta against a local business owner, uses their influence to repeatedly block the owner's legitimate applications for routine business permits, causing significant delays and financial losses, even though all legal requirements are met. This is an abuse of discretionary authority by a public officer.

    Explanation: The council member, a public officer, is misusing their official capacity and discretionary power for an improper personal motive, directly harming the business owner.

  • Example 2: A government agency official deliberately withholds public records from a journalist who has made a lawful request under freedom of information laws, not due to legitimate security concerns, but to prevent the publication of an embarrassing story about the agency. This action causes injury to the public's right to information and the journalist's professional work.

    Explanation: The official, acting in a public capacity, abuses their discretion to improperly obstruct access to information, motivated by a desire to suppress negative publicity rather than upholding their public duty.

• Coercion into an Illegal Contract

  In contract law, oppression refers to the act of forcing or coercing someone to enter into a contract that is itself illegal. If money or property is exchanged under such a contract, the oppressed party may be able to recover it.

  • Example 1: A vulnerable individual is threatened with physical harm if they do not sign a contract agreeing to participate in a money laundering scheme. The contract itself is illegal, and the individual was coerced into it.

    Explanation: The use of threats to compel someone into an illegal agreement demonstrates oppression, making the contract unenforceable and potentially allowing the coerced party to recover any losses.

  • Example 2: A desperate homeowner, facing foreclosure, is pressured by a predatory lender to sign a mortgage agreement with an interest rate far exceeding legal limits, under the implicit threat of immediate eviction if they refuse. The terms of the contract are illegal, and the homeowner was coerced.

    Explanation: The lender exploited the homeowner's vulnerable situation and used undue pressure to force them into an illegal agreement, which is a form of contractual oppression.

• Unfair Treatment of Minority Shareholders (Shareholder Oppression)

  In corporate law, this refers to the unfair treatment of minority shareholders by those who control the corporation (e.g., directors or majority shareholders), especially in closely held companies where shares are not publicly traded.

  • Example 1: In a small, privately owned company, the majority shareholders (who also serve as the company's executives) vote to pay themselves excessively high salaries and bonuses, leaving little to no profit for distribution as dividends to the minority shareholders, effectively diminishing the value of their investment without a legitimate business reason.

    Explanation: The controlling shareholders are using their power to unfairly benefit themselves at the expense of the minority shareholders, depriving them of a fair return on their investment.

  • Example 2: The controlling shareholders of a family business intentionally exclude a minority shareholder from important company meetings and access to financial records, then vote to sell a valuable company asset to a shell corporation they secretly own at a significantly undervalued price. This action reduces the overall value of the company and the minority shareholder's stake.

    Explanation: The majority shareholders are engaging in a "freeze-out" tactic, using their control to disadvantage the minority shareholder by denying them information and selling assets at an unfair price, thereby enriching themselves at the minority's expense.