Understanding Proportionality and Abuse Prevention in the Constitution of Contracts

This Skill Bit talks about proportionality, which in law ensures that court or government actions are balanced and reasonable, aligning with legitimate objectives like public safety. Measures must be rational, necessary, and proportionate to their impact on individual rights, preventing excessive power use and promoting fairness globally. “Ex turpi causa,” meaning “from a wicked cause,” bars legal claims arising from illegal or immoral actions. This doctrine prevents benefiting from wrongdoing, though exceptions may apply in cases of duress. Its application varies by jurisdiction and requires legal advice.

Duration approx. 5 Min.

Tier: advanced

A part of Constituting Contracts: Legal Elements and Best Practices course.