Legal Articles

Expectations De Jure And De Facto

In law, we want everything to be black and white (including the dress code in Courts). But in real life, we see more of grey areas. Expectations are something like that, very legitimate in law, but can be hurtful in real life with serious consequences.

The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.

The theory of Legitimate Expectation is one of the core branches of Administrative Law. This term was first time used by Lord Dennings in the year 1969 and from that time onwards it has made a very significant position of an important doctrine of the public law in all form of jurisdictions. The principle of the Legitimate Expectation means that expectations raised by administrative conduct have to be respected and fulfilled at least for the public interest and betterment demands otherwise. And non-fulfillment can have some serious legal consequences. The main role played by the Courts in the entire transaction of this doctrine is to safeguard the individual’s expectations in the face of change of the policy.

The theory is an enlargement of principles of Natural Justice. Precisely speaking, the Government and its Departments, in administering the affairs of the country are expected to honor their statements of policy or intention. The policy statement cannot be disregarded unfairly. Unfairness and arbitrariness are akin to violation of principles of natural justice.

The ‘reasonable expectation of parties’ is a concept which differs in different parts of contract law. However this principle is one that is important and is the basis for much of contract law. As Lord Steyn suggests that ‘The function of the law of contract is to provide an effective and fair framework for contractual dealings. This function requires an adjudication based on the reasonable expectations of parties.

We have analyzed the origin and the relevance of the expectation in law. What about relevance and consequences of expectations in our life?

Expectation is a feeling or emotion to predict or think about what may happen in future. Expectation can be realistic or it can be unrealistic. Expectations should be always kept low as keeping high expectations leads to disappointments.

It’s so interesting to read and know how people treat expectations. Many as a burden some as a challenge and others as a guiding light.

When you have expectations, you are setting yourself up for disappointment. – Ryan Reynolds

Expectation is the mother of all frustration. – Antonio Banderas

We never live; we are always in the expectation of living. – Voltaire

I definitely think there is a lot of expectation and pressure being a star’s son. – Tiger Shroff

Some shrug it off with a sense of humor.

It’s great to be a blonde. With low expectations it’s very easy to surprise people. – Pamela Anderson

Some treat it as a non-entity.

I’m not in this world to live up to your expectations and you’re not in this world to live up to mine. –Bruce Lee

Some wise people treat expectations as a guiding light.

As I prepare for my second term as Secretary-General, I am thinking hard about how we can meet the expectations of the millions of people who see the U.N.’s blue flag as a banner of hope. We have to continue our life-saving work in peacekeeping, human rights, development and humanitarian relief. -Ban Ki-moon

The management gurus have a practical take on expectations.

There’s strong data that, within companies, the No. 1 reason for ethical violations is the pressure to meet expectations, sometimes unrealistic expectations. – Stephen Covey

It takes a great humanitarian like Princess Diana to say – Carry out a random act of kindness, with no expectation of reward, safe in the knowledge that one day someone might do the same for you.

After reading the above contrasting views of expectations, what truly struck a chord in my heart were the words of Steve Jobs- Your time is limited, so don’t waste it living someone else’s life. Don’t be trapped by dogma – which is living with the results of other people’s thinking. Don’t let the noise of others’ opinions drown out your own inner voice. And most important have the courage to follow your heart and intuition.

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