[引用][C] Problems with Wednesbury Unreasonableness in Contract Law: Lessons from Public Law'(2019)

E Lim, C Chan - LQR, 2020

Problems with Wednesbury unreasonableness in contract law: lessons from public law

E Lim, C Chan - 2018 - papers.ssrn.com
This article identifies three key problems with the English courts' current use of Wednesbury
unreasonableness to control the exercise of discretion in contract law. First, there are
misconceptions about the nature of Wednesbury review in contract law. Second, the
intensity with which courts should apply Wednesbury unreasonableness is unclear. Finally,
the contents of Wednesbury unreasonableness have been considered vague, leading to
uncertainty in its application. This article proposes solutions to each of these problems by …
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