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Record W2166977184 · doi:10.1017/s0008197301000666

Relief Against Forfeiture: A Restatement

2001· article· en· W2166977184 on OpenAlexaff
Lionel Smith

Bibliographic record

VenueThe Cambridge Law Journal · 2001
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsMcGill University
Fundersnot available
KeywordsObligationDoctrineLawJurisdictionCreditorEconomic JusticeSecurity interestDebtLaw and economicsBusinessPolitical scienceUnjust enrichmentChoice of lawRestitutionEconomicsFinance

Abstract

fetched live from OpenAlex

Recent decisions relating to commercial transactions have raised issues about the limits of the courts’ jurisdiction to interfere with contractual terms, even where the terms seem to yield unjust results on breach. The author argues for a reconceptualisation of the ancient equitable doctrine of relief against forfeiture, as one which ensures that rights taken by way of security should never allow a secured creditor to recover more than his secured debt. Building on roots in the law of mortgages, this requires the court to characterise the substance of the parties’ bargain. It can, in common with the law of penalties, be understood as implementing a mandatory policy which allows the parties full freedom in crafting their primary obligations, but denies them full freedom in deciding what shall be the consequences of a breach of a primary obligation. The author argues that the restatement fits the contours of the existing law, and the requirements of corrective justice.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.956
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.029
GPT teacher head0.317
Teacher spread0.288 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2001
Admission routes1
Has abstractyes

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