A contractual oxymoron? The enforcement of the negative stipulation in employment and financial contracts

Title: A contractual oxymoron? The enforcement of the negative stipulation in employment and financial contracts
Creator: Aitken, Lee; Teo, Eu-Jin
Relation: Commercial Law Quarterly Vol. 34, Issue 3, p. 3-10
Relation: https://cla.org.au/ProductDetail/615/CLQ_Vol34_No3_Sept-Nov_2020
Publisher: Commercial Law Association of Australia
Resource Type: journal article
Date: 2020
Description: This paper considers whether, and if so how, a court of equity will intervene to ‘enforce’ a ‘negative stipulation’ which implicitly arises in every contract in which an express promise is made to perform it in a particular way. As Salmond and Winfield observed long ago, ‘... (A) stipulation which is in form affirmative may be negative in substance. If this is found as a fact to be the true construction, the Court will restrain the doing of an act which infringes the stipulation’.
Subject: contractual oxymoron; negative stipulation; employment; financial contracts
Identifier: http://hdl.handle.net/1959.13/1440654
Identifier: uon:41211
Identifier: ISSN:0819-4262
Language: eng
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