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Related to preclusions: To dispose of, followed up, resurging, interfered
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Internally, rhetorical criticism's preclusion of the real author has much to do with Booth's concept of the "implied author.
The neo-Aristotelian preclusion of style is based on the self-imposed division of labor that one can only pay attention either to "the merely verbal" or to character and event.
Pace Sholl J and Adam J in Coastal Estates, it does not relate to the involvement of or necessity for some other doctrine than election to effectuate preclusion when the party entitled to disaffirm the contract has acted without knowledge of that entitlement.
The main desiderata that I have sought to satisfy in composing my own taxonomization of legal preclusion by way of election are that the common-law election doctrine must be principled, workable and just, and that its criteria and applications must, as far as possible, be conformable with other features and operations of modern contract law.
Such an intention is superfluous to the operation of the common-law election doctrine, as preclusion results by operation of the law rather than in virtue of intentional surrender or abandonment.
When affirmation of a contract, hence legal preclusion, occurs as a result of election, it is because the party who was confronted with the necessity of choosing between ending a contractual relationship and persevering with that relationship communicated to the other party an unambiguous decision not to end the relationship.
In general, issue preclusion applies with full force to summary
14) Similarly, issue preclusion has also applied to bar a
The applicability of claim preclusion to summary process
the court squarely applied claim preclusion to the claims of a landlord
basic claim preclusion principles, the court concluded that the