Self-help: Overview, definition, and example
What is self-help?
Self-help refers to the practice of individuals or entities taking matters into their own hands to resolve a problem or enforce a right, without involving legal authorities or third parties. In a legal context, self-help often involves actions taken by a party to assert or protect their rights, remedy a situation, or enforce an agreement, typically without needing to go through the judicial process.
Self-help can take various forms, depending on the context, such as repossession of property, stopping unauthorized use of property, or withholding payment in certain contractual situations. However, the use of self-help is generally limited by the law to ensure that it does not lead to illegal actions or harm to others.
Why is self-help important?
Self-help is important because it provides individuals and businesses with the ability to quickly address issues or enforce their rights without waiting for court intervention, which can be time-consuming and costly. It helps maintain control over situations that require immediate action, such as protecting property, preventing further damage, or ensuring compliance with agreements.
However, while self-help can be an efficient remedy, it must be exercised within the bounds of the law to prevent escalation or unlawful behavior. For example, taking self-help measures to resolve disputes can be legally permissible in some situations (such as repossession of goods) but illegal in others (such as using physical force or causing damage to another party's property).
Understanding self-help through an example
Imagine a tenant who has been consistently late with rent payments and violates terms of the lease agreement. The landlord, after notifying the tenant, may decide to take self-help action by changing the locks on the rental property to prevent the tenant from entering, assuming the lease allows for such actions and local law permits it.
In another example, a business owner who has a customer that has failed to pay for services may exercise self-help by withholding further services or access to a product until the customer settles their outstanding balance, assuming such terms were clearly outlined in the contract.
An example of a self-help clause
Here’s how a clause like this might appear in a contract:
“In the event that the Buyer fails to make payment as required under this Agreement, the Seller has the right, upon providing written notice, to exercise self-help remedies, including but not limited to the suspension of services or the repossession of goods, in accordance with the terms of this Agreement and applicable law.”
Conclusion
Self-help allows individuals and businesses to take prompt action to protect their rights and enforce agreements without relying on courts or other third parties. While it can be a useful tool, self-help must be exercised responsibly and legally to avoid violations of others’ rights or escalation of disputes. Understanding the boundaries and lawful ways to use self-help is essential for ensuring that it is an effective and appropriate solution in the given context.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.