Legal Definitions - sanctioning right

A sanctioning right is a legal entitlement that arises when a fundamental or "primary" legal right has been violated. Its purpose is to provide a remedy, enforce compliance, or impose a penalty for the breach of that primary right. Essentially, it is the right to seek a legal consequence (a "sanction") for a wrong that has occurred, rather than the original right itself.

Think of it this way: if you have a primary right (like the right to have a contract honored), and someone violates that right, a sanctioning right gives you the legal power to do something about it (like sue for damages). It's the legal system's way of restoring balance or punishing wrongdoing.

Here are some examples:

• Breach of Contract for Services:

  Imagine you hire a landscaper to completely redesign your garden, and you have a detailed contract outlining the work. The landscaper, however, only completes half the work and then abandons the project.

  Your primary right was to have the landscaping services performed as agreed in the contract. When the landscaper failed to complete the work, they violated this primary right. Your sanctioning right then arises, allowing you to sue the landscaper for breach of contract. This might involve seeking monetary compensation to cover the cost of hiring another landscaper to finish the job, or for any losses incurred due to the delay.

• Damage to Personal Property:

  Suppose your car is parked legally on the street, and another driver negligently backs into it, causing significant damage to the bumper and fender.

  Your primary right is to the peaceful enjoyment and integrity of your property (your car). When the other driver damaged your car, they violated this primary right. Your sanctioning right is your legal ability to demand that the at-fault driver or their insurance company pay for the repairs or replacement of your vehicle, or to sue them in court if they refuse.

• Violation of Privacy:

  Consider a situation where a former employer, without your consent, shares sensitive personal health information about you with a potential new employer, causing you to lose a job offer.

  Your primary right in this scenario is your right to privacy regarding your personal health information. When the former employer disclosed this information without authorization, they violated your primary right. Your sanctioning right would be your ability to take legal action against the former employer, potentially seeking damages for the harm caused by the privacy breach, such as lost wages from the job offer.