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Full-Text Articles in Contracts
On Contracting, R. A. Samek
On Contracting, R. A. Samek
Dalhousie Law Journal
Twelve years ago I drew attention in a paper to the importance of the discovery of performative utterances by the well known Oxford linguistic philosopher, John Austin, for a better understanding of the legal concept of contract.' In The Legal Point of View, I developed this concept into what I called the performative function of discourse,2 and in a recent paper I applied it to rebut an attack on the objective theory of contract. 3 My main aim in the present paper is to compare Austin's classification of infelicities, to which performative utterances are subject, with their legal analogues. Although …
Declaratory Judgments In Theoretical Cases: The Reality Of The Dispute, A. H. Hudson
Declaratory Judgments In Theoretical Cases: The Reality Of The Dispute, A. H. Hudson
Dalhousie Law Journal
It has long been recognised that a declaratory judgment may have special advantages in many contexts. Bailhache J. once went so far as to describe the power to grant declarations as one of the most useful functions of the Commercial Court in England,1 and, when the case went on appeal, Atkin L.J. described the declaration as "'one of the most valuable contributions that the courts have made to the commercial life of this country". 2 Despite the unqualified warmth of dicta such as these, the courts in England and Canada have stressed that there are limits to the availability of …