Legal Definitions - petition de droit

A petition de droit (or petition of right) is a historical legal procedure, primarily found in common law jurisdictions, that allowed a subject to seek a remedy from the sovereign (the Crown or government) for a wrong committed by the Crown. It was necessary because, under the doctrine of sovereign immunity, the Crown could not be sued in its own courts without its consent. The petition was essentially a formal request to the monarch for justice, acknowledging that while the Crown could do no wrong in a legal sense, it could still be compelled to act justly.

While the specific procedure has largely been superseded by modern legislation (such as Crown Proceedings Acts in many Commonwealth countries) that allow direct lawsuits against the government, the underlying principle of seeking redress from the state for its actions remains relevant. These modern laws effectively grant the consent that was historically sought through a petition of right.

• Example 1: Historical Land Seizure

  Imagine a situation in 18th-century England where the Crown decided to build a new military fort and, in doing so, took possession of a private farmer's land without offering any compensation. The farmer could not directly sue the King for trespass or recovery of land. Instead, the farmer would submit a petition de droit, formally requesting the King to acknowledge the injustice and provide fair compensation or return the land.

  Explanation: This illustrates the term because the farmer is seeking a remedy directly from the sovereign for an action taken by the Crown, circumventing the inability to sue the Crown in regular courts due to sovereign immunity. The petition was the only avenue for seeking justice in such a scenario.

• Example 2: Breach of Government Contract (Historical Context)

  Consider a scenario in a Commonwealth country before modern Crown proceedings legislation, where a company had a contract to supply specialized equipment to the government. The government then refused to pay for the delivered equipment, claiming a minor defect that the company disputed. The company, unable to sue the government directly for breach of contract, would have to file a petition de droit, asking the Crown to honor its contractual obligations and pay the outstanding amount.

  Explanation: This example demonstrates the petition as a mechanism for a private entity to enforce a contractual claim against the government when direct litigation was not permitted. It required the Crown's consent to address the dispute and provide a remedy.

• Example 3: Claim for Damages from Crown Negligence (Historical Context)

  Suppose, historically, a government-operated postal carriage caused significant damage to a private citizen's shopfront due to the negligence of its driver. The shop owner could not simply sue "the government" for damages. Instead, they would have to present a petition de droit to the Crown, seeking an acknowledgment of the negligence and compensation for the damage incurred to their property and business.

  Explanation: This shows the petition being used to seek redress for a tort (a civil wrong like negligence) committed by agents of the Crown, again highlighting the need for the Crown's consent to address the claim outside of direct litigation in the courts.