Less abstraction and more clarity
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Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2015) Less abstraction and more clarity. Property Law Journal (334). pp. 11-13. ISSN 1461-0752
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Official URL: http://www.lawjournals.co.uk
Abstract
The article questions the usefulness of legal fictions in leaeshold law giving a number of examples from the English case law. Given that the use of legal fuctions tends towards uncertainty and unpredictability in our law, the writer ventures to suggest that our judicial method should lean towards achieving more exactness in the rules relating to what is regarded as reasonable or rationale to the reasonable person.
Item Type: | Article |
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Uncontrolled Keywords: | legal fictions, reasonable man, leasehold law, subjective judgment, judicial method |
Subjects: | K Law > KD England and Wales |
Faculty / School / Research Centre / Research Group: | Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC) |
Last Modified: | 14 Dec 2016 10:51 |
URI: | http://gala.gre.ac.uk/id/eprint/13887 |
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