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Shifting the Balance of the Oakes Test from Minimal Impairment to Proportionality of Effects
Moore, Marcus - 2020
The judgment of the Supreme Court in R. v. K.R.J. reflects an important potential change in the way proportionality analysis is conducted in the review of constitutional rights limitations under Canada’s Oakes test. Previously, most cases came down to the “Minimal Impairment” stage of...
Persistent link: https://www.econbiz.de/10014116805
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Why Does Lord Denning's Lead Balloon Intrigue Us Still? The Prospects of Finding a Unifying Principle for Duress, Undue Influence and Unconscionability
Moore, Marcus - 2019
To this day, Lord Denning's opinion in Lloyds Bank v Bundy remains a staple of first-year Contracts courses in law faculties across the common law world. After surveying doctrines such as duress, undue influence, and unconscionable bargains, Denning posited that they were instances of an...
Persistent link: https://www.econbiz.de/10012899424
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