Abus de Droit Law & Legal Definition


Abus de droit is a French term meaning, “abuse of right". Under abus de droit, a person may be liable for harm caused by doing something which s/he does not have a right to do. The following are the rights that are prohibited to use in an abusive manner:

1.A right that is principally intended to cause harm;

2.A right that is used without a legitimate interest in justifying judicial protection;

3.A right used in bad faith;

4.A right that is contrary to basic rules of morality or fairness.