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CCLFR research seminar with Dr Kwan Ho Lau (Singapore Management University)

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Event Information

Derek Whayman
Date of Event
22nd May 2025
Last Booking Date for this Event
22nd May 2025

Description

Event time: 11:00-12:00

Title: “Can Terms Implied By Law be Excluded? A Critical Examination”

Abstract: In 2001, Elisabeth Peden concluded after some study that the process of implication in law was “correspondingly vague and lacking in definite principles”. Over two decades later, that characterisation remains accurate. The varied terminology in judicial use reflects an ambiguity over the normative position occupied by terms implied by law. That, in turn, has given rise to doctrinal and practical uncertainty in relation to the (non-)derogation of such terms and the standard against which any derogation should be scrutinised. This seminar will discuss how implication in law interacts with matters of intention, centrality and derogability, with the aim of advancing understanding of the proper ambit of exclusion of terms implied by law.

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