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Article: Tensions in private law judicial decision-making: a case study on the illegality defence
Title | Tensions in private law judicial decision-making: a case study on the illegality defence |
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Authors | |
Issue Date | 2016 |
Publisher | Sweet & Maxwell Ltd. The Journal's web site is located at http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=476&productid=7128 |
Citation | Journal of Business Law, 2016, n. 4, p. 325-334 How to Cite? |
Abstract | This article explores a recurring tension in judicial decision-making, thrown into sharp relief by recent jurisprudence—between the need for certainty and clarity in the law, and thus the need for clear articulation and enforcement of rules, with the equally important desire to achieve a fair and just result in each case, and thus the need to ensure that the rules are not uncritically applied—through the lens of illegality defence, a crucial, outstanding issue in private law. |
Persistent Identifier | http://hdl.handle.net/10722/234059 |
ISSN |
DC Field | Value | Language |
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dc.contributor.author | Lim, WKE | - |
dc.date.accessioned | 2016-10-14T06:58:47Z | - |
dc.date.available | 2016-10-14T06:58:47Z | - |
dc.date.issued | 2016 | - |
dc.identifier.citation | Journal of Business Law, 2016, n. 4, p. 325-334 | - |
dc.identifier.issn | 0021-9460 | - |
dc.identifier.uri | http://hdl.handle.net/10722/234059 | - |
dc.description.abstract | This article explores a recurring tension in judicial decision-making, thrown into sharp relief by recent jurisprudence—between the need for certainty and clarity in the law, and thus the need for clear articulation and enforcement of rules, with the equally important desire to achieve a fair and just result in each case, and thus the need to ensure that the rules are not uncritically applied—through the lens of illegality defence, a crucial, outstanding issue in private law. | - |
dc.language | eng | - |
dc.publisher | Sweet & Maxwell Ltd. The Journal's web site is located at http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=476&productid=7128 | - |
dc.relation.ispartof | Journal of Business Law | - |
dc.title | Tensions in private law judicial decision-making: a case study on the illegality defence | - |
dc.type | Article | - |
dc.identifier.email | Lim, WKE: elimwk@hku.hk | - |
dc.identifier.authority | Lim, WKE=rp01531 | - |
dc.identifier.hkuros | 267766 | - |
dc.identifier.issue | 4 | - |
dc.identifier.spage | 325 | - |
dc.identifier.epage | 334 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 0021-9460 | - |