Towards a General Principle: Using the Existing Doctrines?
Throughout the centuries, the courts' attitude towards necessitous interveners has been ambiguous. There are numerous obiter dicta that oppose the granting of a claim to the intervener. Yet, there is an ever-growing list of cases in which the courts have granted a claim to the voluntary intervener. Regrettably, in granting such claims, the courts have resorted to a variety of doctrines. It is here suggested that the law ought to work towards a general principle allowing voluntary interveners to recover. The logical first step in this process is to investigate whether any of the existing doctrines can be extended so as to incorporate such a general principle. Some of these doctrines can be dismissed out of hand. The law of contract is the first amongst these. Of course, the implied contract theory could have been employed to develop a general principle.
Keywords: obiter dicta, claims, intervener, courts, doctrines
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