Legal Concepts and Doctrines. Paper Example

One will encounter legal concepts wherever legal norms are present. Legal standards define the content of the legal contexts and the bearing persons (Cavico et al., 2018)). Therefore, legal terms cannot be described independently but regarding the situation at hand. It is the doctrines of law that shape whichever concepts are defined and the norms henceforth. Thus, Rocco’s campaign has been identified as false, and he has been branded as corrupt, which are the legal concepts that come with situations like campaigning and politicking. Hence, this paper analyses the underlying legal concepts and doctrines in Rocco’s case as they affect his campaigners.

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In the doctrine of a faithless servant, an employee who acts disloyally towards his employer must pay for all the compensation received during his unfaithful period (Cavico et al., 2018)). Rocco’s disloyalty is proved by the editorial that states he lied about his qualifications and is a corrupt leader. Even though he won the campaign, he did not deserve it. As a faithless servant, Rocco has to compensate all the remuneration hew received during his short time in office for the fourth time as a mayor. His experience as he used in his manifesto has come out as corruption. Thus, as the doctrine states, he owes the City Council a refund for trusting him with the position. Disloyalty can also appear from the employer’s side—Rocco employees Althea among other campaigners who have worked hard for him in his campaign. However, the editorial revelation affects Althea among other employees, such that she is distressed.

The doctrine of fundamental breach states that an employee’s performance is far below the expectations and the contract requirements (Cavico et al., 2018). In Rocco’s case, he states that he is experienced for the past three years he has been office. He also targets inclusivity for all as well as economic development. He woes his campaigners who work hard to ensure he wins. However, it is a complete breach when the truth comes out, and he is found to be corrupt. One of his loyal employees is distracted by the news. Also, citizens of this town feel betrayed.

Similarly, Franklin breaches the law of driving by texting while behind the wheel. Since the distracted Althea is unaware of a car behind her, she is on the road carelessly. Upon realization that he is about to hit Althea, Franklin swerves from the way and hits a parked car. Thus, it is part of his fault and Althea’s fault that the accident happened.

The Doctrine of Laches implies the loss or rights through the failed action. For instance, in the case of Rocco, his campaign has been extensive and public (Cavico et al., 2018). He used a lot of resources to battle and the fact that it was popular terms of the allegations as pointless. Therefore, the editorial authors should have published the information as soon as the campaign kicked off. The courts would have looked into the matte and sabotaged the campaign if evidence was given. However, the failure to act when the time was right implies that Rocco has the right to sue the editorial for defamation while the court may drop the charges.

Conclusively, the case of Rocco is among many others that can be used to understand legal concepts and doctrines. One can only assume the idea when a situation arises. Thus, in Rocco’s case, there is a fundamental breach, doctrine of Laches, and the doctrine of the faithless servant. All three are applied per the controversy surrounding Rocco’s campaign. The allegations affect not only Rocco but also Althea among his other employees.

References

Cavico, F. J., Mujtaba, B. G., & Muffler, S. (2018). The duty of loyalty in the employment relationship: legal analysis and recommendations for employers and workers. Journal of Legal, Ethical and Regulatory Issues. https://www.abacademies.org/articles/the-duty-of-loyalty-in-the-employment-relationship-legal-analysis-and-recommendations-for-employers-and-workers-7510.html