Legal Definitions - theory of law

A theory of law refers to the fundamental legal argument or framework that a party in a lawsuit constructs to explain why they should prevail. It involves identifying the specific legal rules, statutes, or precedents that apply to the facts of their case and how those laws support their desired outcome. Essentially, it is the coherent story, grounded in law, that a plaintiff or defendant presents to the court to justify their claim or defense.

Here are some examples to illustrate this concept:

• Example 1: Contract Dispute

  Imagine a small business owner who hired a marketing agency to run a digital advertising campaign. The contract specified a guaranteed number of leads per month. After three months, the agency consistently failed to meet this target, causing the business owner significant financial losses.

  • The business owner's theory of law would likely be breach of contract. They would argue that a valid contract existed, the marketing agency failed to perform its obligations as outlined in the contract (not delivering the guaranteed leads), and this failure directly caused the business owner financial damages. Their legal arguments would focus on establishing these elements under contract law principles.
  • The marketing agency's theory of law in defense might be impossibility of performance or material misrepresentation by the client. They might argue that unforeseen changes in the market made the lead guarantee impossible to meet, or that the client provided inaccurate information about their product, making the campaign ineffective.

• Example 2: Personal Injury Claim

  Consider a pedestrian who was seriously injured after being struck by a delivery truck while crossing the street at a marked crosswalk.

  • The pedestrian's theory of law would be negligence. They would assert that the truck driver owed a duty of care to other road users, breached that duty by failing to yield to a pedestrian in a crosswalk (perhaps due to distracted driving or speeding), and this breach was the direct cause of the pedestrian's injuries and associated damages (medical bills, lost wages, pain and suffering). Their legal arguments would focus on proving each element of negligence under tort law.
  • The truck driver's defense theory of law might be contributory negligence (if applicable in that jurisdiction) or lack of causation. They might argue the pedestrian suddenly darted into the crosswalk against a signal, or that the injuries claimed were pre-existing and not a direct result of the accident.

• Example 3: Property Boundary Dispute

  Two neighbors are in disagreement over a strip of land between their properties. One neighbor has maintained a garden on this strip for over 25 years, believing it to be part of their yard, even though a recent survey shows it belongs to the adjacent property.

  • The neighbor who maintained the garden's theory of law might be adverse possession. They would argue that they have openly, continuously, exclusively, and hostilely occupied the disputed strip of land for the statutory period (which varies by state, but 25 years would typically exceed it), thereby acquiring legal title to it, regardless of the original deed. They would present facts and legal arguments based on the specific requirements for adverse possession in their jurisdiction.
  • The other neighbor's theory of law would likely be defense of title based on deed. They would argue that the official property deed and survey clearly define the boundary, and the claiming neighbor has no legal right to the land, especially if they can show permission was implicitly or explicitly given for the garden, which would defeat an adverse possession claim.