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Deference in the control of contractual powers
Graduate Thesis/Dissertation   Open access

Deference in the control of contractual powers

Joe Garry
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2021
Handle:
https://hdl.handle.net/10523/47584
Appears in  Dissertations

Abstract

Law contract law contractual power deference administrative law
This dissertation will examine the control of powers in the law of contract in light of the experiences of administrative law. Administrative law has a "structural relationship with power", with well- developed theories and curial techniques in relation to the supervision of decision-making. An important concept developed in recent years has been the growing recognition of deference. This dissertation will identify that underpinning the control of powers in contract law is a similar need to determine the appropriate deference afforded to a contractual decision-maker. The curial techniques that control the exercise of powers in contract law involve a similar allocation of power between the courts and the primary decision-maker. Finally, it will comment on the growing recognition of doctrinal deference techniques in contract. It notes that, while there are significant issues with current approaches, doctrinal deference may provide a plausible model for the control of contractual powers.
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