Hi guys,
Is it possible to plead in these two somewhat opposing yet coexistent branches of the law?
A public body which is a corporation can enter into contracts (private law) whilst its decisions are reviewable under administrative principles (public law) of judicial review.
Will the court accept the two claims of: 1.) judicial review, and ii.) breach of contract?
And then, like the court can do with respect of damages where it makes an award of compensation according to the cause of action which has been made out -- decide on the claim which was made out, or decide on both simultaneously since the relief in contract relates to specific performance or damages, and the relief in judicial review overturns or forces a decision?
Cheers
Is it possible to plead in these two somewhat opposing yet coexistent branches of the law?
A public body which is a corporation can enter into contracts (private law) whilst its decisions are reviewable under administrative principles (public law) of judicial review.
Will the court accept the two claims of: 1.) judicial review, and ii.) breach of contract?
And then, like the court can do with respect of damages where it makes an award of compensation according to the cause of action which has been made out -- decide on the claim which was made out, or decide on both simultaneously since the relief in contract relates to specific performance or damages, and the relief in judicial review overturns or forces a decision?
Cheers