Understanding the Differences Between Statutory and Common Law Rights of the Hirer

The concept of the rights of the hirer involves not only statutory rights but also those derived from common law. While the statutory rights are explicitly defined in written laws, the full scope of a hirer’s rights can extend beyond what is mandated by statute, encompassing protections and provisions that have been established through judicial decisions.

What Are Statutory Rights?

Statutory rights are those that are set out in primary legislation, such as statutes passed by a parliament or congress. These rights are explicit and legally binding. They provide a defined framework for the obligations and entitlements of those who hire items or services. For example, the Consumer Protection Act may mandate certain rights for consumers, such as the right to a warranty, the right to return a product within a specific period, or the right to receive prompt service.

What Are Common Law Rights?

While statutory rights are codified in written law, the common law rights of the hirer are those that have been established through the body of judicial decisions, known as case law. These rights are not explicitly written into statutes but have been recognized and developed by courts over time. Common law rights can provide additional protections that are not mandated by statutory law but are still enforceable. For instance, a hirer might have a right to be treated fairly and with respect by the service provider, a right to privacy, or a right to have their personal information protected, all of which may be recognized through common law.

Comparing Statutory and Common Law Rights

The differences between statutory and common law rights are significant. Statutory rights are clear, specific, and uniformly enforceable. They provide a standardized set of expectations and protections for hirers. In contrast, common law rights are more flexible and can evolve over time. These rights may provide hirers with additional protections that are not covered by statutory law but that have been recognized by courts as fundamental to the relationship between a hirer and a service provider.

Situations Where Common Law Rights Are Significant

In many cases, hirers may have rights that go beyond what is specified in statutory law. For example, if a service provider fails to act in a fair and reasonable manner, a hirer might have a common law right to be compensated for any losses incurred as a result of the provider's actions. Similarly, if a provider breaches a contract, a hirer might have a common law right to seek damages or be awarded specific performance.

Seeking Professional Advice

While it is important to understand the statutory and common law rights of the hirer, it is often necessary to consult with a legal expert to ensure that all rights and obligations are fully understood. A lawyer can provide guidance on how to navigate the complex landscape of hirer rights and obligations and can advise on the best course of action in any given situation. This is particularly important for businesses, which often deal with a wide range of legal issues and may be subject to more stringent regulations and requirements.

Conclusion

In summary, the rights of the hirer are not limited to statutory rights, which are specified in written law, but also include common law rights, which have been established through judicial precedent. Understanding the full scope of these rights is essential for ensuring that hirers are treated fairly and have their rights protected. Seeking advice from a legal professional can help to clarify these rights and ensure that hirers are fully aware of their entitlements and protections under the law.