Self-help (law)
Encyclopedia
Self-help, in the sense of a legal doctrine
, refers to individuals' implementation of their rights without resorting to legal writ
or consultation of higher authority, as where a financial institution
repossesses
a car on which they hold both the title and a defaulted note. Individuals resort to self-help when they retrieve property found under the unauthorized control of another person, or simply abate nuisances (as by using sandbags and ditches to protect land from being flooded).
occurs (or is likely to occur). Also, the usual limit on liability for actions of an agent
will not apply; if one uses an agent such as an independent contractor to perform the self-help action, the principal will be held strictly liable if anything goes wrong. Courts will often place stricter limits on repossession of certain types of merchandise and on eviction
of tenants. Creditor
s and landlords
who resort to self help in such situations are prone to tort
liability.
(Tex. 1992). was heard by the Texas Supreme Court
. Sanchez was the registered owner of a vehicle which MBank El Paso was lienholder. When a tow truck operator hired by the bank attempted to repossess the vehicle, Sanchez locked herself in the car. The tow truck operator hooked the car up to the tow truck anyway, and proceeded to drive it, with Sanchez still in the vehicle, at high speed to the lot where it was left, protected by a junkyard dog
. It required the combined efforts of Sanchez' boyfriend and the police to allow her to escape the impound lot. In a subsequent trial, the repossession was declared unlawful and reversed, and the bank was also held liable for $1,250,000 in damages to Sanchez, even though the unlawful eviction was taken by the tow truck operator, who was not an employee of the bank. The bank was held to a "non-delegatable duty not to breach the peace," and that any breach of the peace - whether by the debtor
, the creditor
, or even an independent contractor
merely acting on behalf of the creditor - is considered the fault of the creditor.
Historically, self-help has been regarded as the recourse for injured parties when no courts are available that will accept jurisdiction. The dangers of self-help are often advanced as an argument against allowing a situation to develop in which people feel they have no judicial path to a remedy, or that the courts are too corrupt to render just decisions, and as the main reason why impartial courts are established in the first place.
in 1985, the U.S. Government hired mercenaries
to kidnap Humberto Álvarez Machaín
, a local doctor who was suspected of being involved in the murder, and bring him out of Mexico to face trial in the United States without going through the formality of demanding extradition
from the Mexican government. The original trial court was of the opinion that such action was illegal. The United States Supreme Court decided that the self-help extradition
of Machain from Mexico was legal, notwithstanding the existence of a treaty
covering extradition between the U.S. and Mexico. United States v. Alvarez-Machain, 504 U.S. 655
, 657 (1992). In the subsequent trial, Machain was acquitted.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
, refers to individuals' implementation of their rights without resorting to legal writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
or consultation of higher authority, as where a financial institution
Financial institution
In financial economics, a financial institution is an institution that provides financial services for its clients or members. Probably the most important financial service provided by financial institutions is acting as financial intermediaries...
repossesses
Repossession
Repossession is generally used to refer to a financial institution taking back an object that was either used as collateral or rented or leased in a transaction. Repossession is a "self-help" type of action in which the party having right of ownership of the property in question takes the property...
a car on which they hold both the title and a defaulted note. Individuals resort to self-help when they retrieve property found under the unauthorized control of another person, or simply abate nuisances (as by using sandbags and ditches to protect land from being flooded).
Degrees of Limitation
The legal system places varying degrees of limitation on self help. Often self help will be legal as long as no law is broken, and no breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
occurs (or is likely to occur). Also, the usual limit on liability for actions of an agent
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
will not apply; if one uses an agent such as an independent contractor to perform the self-help action, the principal will be held strictly liable if anything goes wrong. Courts will often place stricter limits on repossession of certain types of merchandise and on eviction
Eviction
How you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
of tenants. Creditor
Creditor
A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property or...
s and landlords
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
who resort to self help in such situations are prone to tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
liability.
MBank El Paso v. Sanchez
A famous case, MBank El Paso v. Sanchez 836 S.W.2d 151Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Tex. 1992). was heard by the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
. Sanchez was the registered owner of a vehicle which MBank El Paso was lienholder. When a tow truck operator hired by the bank attempted to repossess the vehicle, Sanchez locked herself in the car. The tow truck operator hooked the car up to the tow truck anyway, and proceeded to drive it, with Sanchez still in the vehicle, at high speed to the lot where it was left, protected by a junkyard dog
Junkyard Dog
Sylvester Ritter was an American professional wrestler and professional football player, best known for his work in Mid-South Wrestling and the World Wrestling Federation as The Junkyard Dog...
. It required the combined efforts of Sanchez' boyfriend and the police to allow her to escape the impound lot. In a subsequent trial, the repossession was declared unlawful and reversed, and the bank was also held liable for $1,250,000 in damages to Sanchez, even though the unlawful eviction was taken by the tow truck operator, who was not an employee of the bank. The bank was held to a "non-delegatable duty not to breach the peace," and that any breach of the peace - whether by the debtor
Debtor
A debtor is an entity that owes a debt to someone else. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor...
, the creditor
Creditor
A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property or...
, or even an independent contractor
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
merely acting on behalf of the creditor - is considered the fault of the creditor.
Lack of Judicial Remedy
In a looser sense, it can also refer to individuals taking the law into their own hands, usually through violence or other illegal behavior. It can lead to factions forming around the disputing parties and also to broad civil conflict.Historically, self-help has been regarded as the recourse for injured parties when no courts are available that will accept jurisdiction. The dangers of self-help are often advanced as an argument against allowing a situation to develop in which people feel they have no judicial path to a remedy, or that the courts are too corrupt to render just decisions, and as the main reason why impartial courts are established in the first place.
United States v. Alvarez-Machain
One of the more famous examples of self-help occurred when, after Enrique Camarena Salazar, a Drug Enforcement agent, was murdered in MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
in 1985, the U.S. Government hired mercenaries
Mercenary
A mercenary, is a person who takes part in an armed conflict based on the promise of material compensation rather than having a direct interest in, or a legal obligation to, the conflict itself. A non-conscript professional member of a regular army is not considered to be a mercenary although he...
to kidnap Humberto Álvarez Machaín
Humberto Álvarez Machaín
United States v. Alvarez-Machain, 504 U.S. 655 , was a decision by the United States Supreme Court, which held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. It re-confirmed the Ker-Frisbie...
, a local doctor who was suspected of being involved in the murder, and bring him out of Mexico to face trial in the United States without going through the formality of demanding extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
from the Mexican government. The original trial court was of the opinion that such action was illegal. The United States Supreme Court decided that the self-help extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of Machain from Mexico was legal, notwithstanding the existence of a treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
covering extradition between the U.S. and Mexico. United States v. Alvarez-Machain, 504 U.S. 655
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, 657 (1992). In the subsequent trial, Machain was acquitted.