Elephant test
The term elephant test refers to situations in which an idea or thing "is hard to describe, but instantly recognizable when spotted."[1] The term is often used in legal cases when there is an issue which may be open to interpretation,[2][3] such as in the case of Cadogan Estates Ltd v Morris, when Lord Justice Stuart-Smith referred to "the well known elephant test. It is difficult to describe, but you know it when you see it."[4]
See also
References
- ^ Valuing and Judging Partners — Beyond the Elephant Test!, Edge International Review, Summer 2006
- ^ B.Wedderburn, The Worker and the Law (3rd ed, Harmondsworth, Penguin,1986), 116.
- ^ Catherine Barnard, The Personal Scope of the Employment Relationship, in T.Araki and S.Ouchi (eds), The Mechanism for establishing and Changing Terms and Conditions of Employment/The Scope of Labor Law and the Notion of Employees, The Japan Institute for Labour Policy and Training Report, 2004, vol.1, 131-136.
- ^ Cadogan Estates Ltd v Morris; EWCA Civ 1671 (4 November 1998) (at paragraph 17)
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