Date: Wed, 28 May 2008 21:43
From: Hector MacQueen
Subject: Abuse of Rights
H C Gutteridge was critical of non-recognition in "Abuse of rights" (1933) 5 Cambridge LJ 22. Michael Taggart analysed Mayor of Bradford v Pickles in his OUP book of 2002, "Private Property and Abuse of Rights in Victorian England". In Scotland, Elspeth Reid has cautiously encouraged a slightly more expansive view of what should nonetheless be a "residual doctrine" in the light of comparative analysis - "Abuse of Rights in Scots Law" (1998) 2 Edinburgh LR 129 (available Hein Online).
Hector L MacQueen
Professor of Private Law
Co-Director, AHRC Research Centre Intellectual Property and Technology Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
Tel: (0)131-650-2060; Fax: (0)131-662-6317
Quoting Jason Neyers:
Does anyone know of any article where the author has attempted to argue that English law has a doctrine of abuse of right, if even in disguise?
The University of Edinburgh is a charitable body, registered in Scotland, with registration number SC005336.
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