Hohfeld's Right Theory is a concept in legal philosophy that was developed by Wesley

Newcomb Hohfeld in the early 20th century. It is a theoretical framework for

understanding the nature of rights and their relationship to one another. Here are
some examples and case law that illustrate Hohfeld's Right Theory:

1. Claim-Rights:

A claim-right is a right that entitles its holder to claim something from another person or
entity, such as a benefit, a service, or a sum of money. For example, a person has a
claim-right to receive a certain amount of money from their employer as part of their
salary.

Case law: In the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
[1943] AC 32, the House of Lords established that a contractual right to receive a
certain sum of money is a claim-right.

2. Liberty-Rights:

A liberty-right is a right that allows its holder to act in a certain way, such as the right to
free speech or the right to practice a certain religion. For example, a person has a liberty
-right to express their political opinions freely, without fear of retribution.

Case law: In the case of Gitlow v New York (1925), the US Supreme Court held that the
First Amendment protects the liberty-right of free speech, and that this right extends to
the use of certain symbols or gestures that convey a political message.

3. Rights-in-Rem:

A right-in-rem is a right that is exercisable against the world at large, rather than against
a specific person or entity. For example, a person has a right-in-rem to own property,
which means that they have the right to exclude others from that property.

Case law: In the case of Nuis v Hearn (1914), the Privy Council held that a person has a
right-in-rem to the quiet enjoyment of their property, and that this right can be enforced
against a neighbor who is causing a disturbance.

4. Rights-in-Personam:

A right-in-personam is a right that is exercisable against a specific person or entity,

rather than against the world at large. For example, a person has a right-in-personam to
receive a certain sum of money from a specific debtor.

Case law: In the case of Donoghue v Stevenson (1932), the House of Lords held that a
person has a right-in-personam to claim damages from a manufacturer who has
negligently produced a product that has caused harm.

5. The Relationship Between Rights:

Hohfeld's Right Theory also recognizes that rights are not absolute, but rather are
relative to the particular context in which they are exercised. This means that the
exercise of one right may limit the exercise of another right. For example, the right to
free speech may limit the right to privacy.

Case law: In the case of Campbell v MGN Ltd (2004), the House of Lords held that the
right to privacy limits the right to free speech, and that a newspaper's publication of
private information about a celebrity violated their right to privacy.

In summary, Hohfeld's Right Theory provides a framework for understanding the

different types of rights and their relationship to one another. It recognizes that rights
are not absolute, but rather are relative to the particular context in which they are
exercised. The theory has been influential in the development of legal philosophy and
has been used to analyze a wide range of legal issues.