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Abuse of rights in English Contract Law: hidden in plain sight?
Published 2021“…The article argues that the fetters on the exercise of unilateral contractual discretionary powers that were defined in Braganza v BP Shipping Ltd and the limits on damages clauses as redefined in Cavendish Square Holding BV v Talal El Makdessi are imposed to prevent the abuse of contractual rights or freedoms and this is suggestive that a broader principle against the abuse of rights might be at work in English contract law. Whilst English law has traditionally been understood as rejecting a free-standing and general doctrine of abuse of rights, the article explains why this should not be regarded as an obstacle to the proposed analysis. …”
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The Meaning and Use of the Modals CAN and MAY in English Contract Law Texts
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An analysis of legal speech acts in English Contract Law. 'It is hereby performed'
Published 1991-07-01“…This paper is concerned with the language used in legal speech acts in legislative texts in the field of English Contract Law as the object of study. It points to a division of legal English in subdomains with 'the language of the law' as a particular sublanguage. …”
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A review of the principle of good faith in English Contract Law / Bryan Ching-Wing Lo
Published 2011“…This paper reviews the principle of good faith in English contract law to provide an insight of how the UK courts make judgment decisions. …”
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An Analysis of Regulative Speech Acts in English Contracts - Qualitative and Quantitative Methods
Published 1992-07-01“…This paper deals with the language used to express legal speech acts in simple contracts within the field of English Contract Law. The central objects of study are regulative functions, i.e. directive and commissive speech acts with a particular view to establishing realisation patterns of these rhetorical functions. …”
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