Recognising your rights in disputes with those in positions of power

One of the key functions of Western law is to even the scales and allow people to stand up for themselves against those who would usually have some power over them. Lady Justice is often used as a personification of the legal system, and statues depict her as wearing a blindfold and holding a set of scales. This represents the fact that the law can help everyone regardless of their background or personal circumstances.

This ability of the law to help those who might otherwise be disadvantaged can be seen in many different areas of law.

In employment law if workers are not treated fairly by their employers or are fired without justification they are entitled to sue for tens of thousands of dollars. In criminal law a person is entitled to insist that their human rights be protected when they are being dealt with by the police. A person who has been refused a visa is able to ask the immigration authorities for a second chance. Therefore people need to realise that the law can help them when they are faced with a dispute with a person who is in a position of power. If they feel that they are being treated unfairly or bullied by someone else they should seek advice as there are almost always ways in which they can be protected.

A recent case which I dealt with which demonstrates this is in the area of tenancy law. A group of young tenants agreed with a property manager that they would rent a house for a fixed term of six months. They then went and bought furniture that was suitable for the size of that house. Just over a week after they had made this agreement, they received a letter in the mail from their property manager. This letter was quite aggressive and said that the landlord wanted the property back so the tenants needed to move out in a little more than one month. However, instead of bowing to the pressure the property management company and the landlord was putting on them and accepting that they would have to move out; the tenants sought our legal advice. After we had analysed their case we wrote a letter to the property manager and landlord telling them that they could not simply break the agreement because of their position and that they would need to wait for the six months were over before the tenants would move out.

Not long after we had done this the property manager sent another letter in a much more conciliatory tone, which asked the tenants if they would consider moving out in two months. This letter also said that the tenants would not have to pay any rent for those two months, and that they would receive their bond back in full once this was done. It was a very different letter from the original bullying letter, and provided a result which the tenants were more than happy with. It also reinforces the fact that people have much more rights than they usually realise, and that if they are properly advised these rights can be used to stop bullying from people and organisations in positions of power.

The important point people need to remember is that if they feel that they are being bullied, ripped off, or treated unfairly in a situation, there is a good chance that their legal rights are being infringed. Instead of simply accepting their fate and bowing to the pressure of someone in power, they should seek the advice of their lawyer. It is always better to stand up for your legal rights early otherwise you face the risk of being exploited over and over again.

A simple trip to see a lawyer can protect you more than you realise, and will often save you a lot of stress and money in the long term, as it did for the tenants in their dispute with the landlord mentioned above.

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