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Less abstraction and more clarity

Less abstraction and more clarity

Pawlowski, Mark ORCID logoORCID: 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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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
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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