Also known as: dominant views · majority view · prevailing view
Written by attorneys · grounded in primary & secondary sources — see below
An accepted legal principle or rule that represents the position adopted by most jurisdictions or authorities on a given issue.
Select any source to read its text and confirm it supports the definition.
Dorothy Daniels operated a scale near a train platform when a package containing fireworks fell and exploded due to a conductor's negligence. She suffered shock-related injuries. The court applied the dominant view to hold that the railroad owed no duty to her because she stood outside the zone of foreseeable risk created by the conductor's conduct.
Dawson Steel owned a unit in a common-interest community governed by an association that imposed late fees on overdue assessments. When Dawson Steel challenged the fees as unauthorized, the court followed the dominant view that the association could adopt such measures to encourage prompt payment unless barred by statute or governing documents.
The dominant view supplies the rule that courts in most jurisdictions follow on the issue. A minority position represents a less widely accepted alternative that a court may adopt only if it expressly rejects the prevailing approach.
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Yes when the question states that the jurisdiction follows the majority or prevailing approach. The facts then require application of the dominant view rather than any competing minority rule.
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Yes if the jurisdiction has not yet adopted the dominant view or if the court expressly chooses to depart from it. The dominant view merely identifies the position taken by most authorities.
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