Judicial discretion in the implementation of contractual obligations in the English legal system

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Jafari Mohammad Ali; Esfandiari Ahmad; Mohammadian Amiri Mehdi

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: INTERNATIONAL LEGAL RESEARCH Year:2022 | Volume:15 | Issue:55 Page(s): 761-778

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Information Journal Paper

Title

Judicial discretion in the implementation of contractual obligations in the English legal system

Author(s)

Jafari Mohammad Ali | Esfandiari Ahmad | Mohammadian Amiri Mehdi

Keywords

judicial discretion

contract law

English law

judge

judicial legislation

Abstract

Field and Aims: Contracts are the most important factor in the legal communication of people in society, and from this point of view, people can organize many of their affairs under the law. But in some cases, there may be differences between the parties in the implementation or violation of contractual obligations. At this time, the judge must determine whether the contractual obligations have been fulfilled or violated. But the judge must have criteria for this in order to enforce or violate the contract. Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: Regarding the criteria, it should be said that the judge should consider some cases when hearing the statements of the litigants and accept or reject them accordingly. These cases include that, (a) the person gets shocked due to the turmoil of emotions when making involuntary statements. (b) The person tries to make something look bad. (c) Regarding the statements of a child, the court should measure the children's intelligence and moral development using the methods that the judge deems appropriate and persuasive for him, and then listen to his statements and give them the necessary value as evidence. Finally, it can be concluded that there are provisions in English law for the subject of contractual obligations, but in some cases the decision about it has been left to the discretion of the judge, which is something like judicial legislation.

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APA: Copy

Jafari, Mohammad Ali, Esfandiari, Ahmad, & Mohammadian Amiri, Mehdi. (2022). Judicial discretion in the implementation of contractual obligations in the English legal system. INTERNATIONAL LEGAL RESEARCH, 15(55 ), 761-778. SID. https://sid.ir/paper/1061999/en

Vancouver: Copy

Jafari Mohammad Ali, Esfandiari Ahmad, Mohammadian Amiri Mehdi. Judicial discretion in the implementation of contractual obligations in the English legal system. INTERNATIONAL LEGAL RESEARCH[Internet]. 2022;15(55 ):761-778. Available from: https://sid.ir/paper/1061999/en

IEEE: Copy

Mohammad Ali Jafari, Ahmad Esfandiari, and Mehdi Mohammadian Amiri, “Judicial discretion in the implementation of contractual obligations in the English legal system,” INTERNATIONAL LEGAL RESEARCH, vol. 15, no. 55 , pp. 761–778, 2022, [Online]. Available: https://sid.ir/paper/1061999/en

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