4.4.4.3 Unfairly prejudicial

The meaning of the term "unfairly prejudicial" is one of the main topics for discussion in this chapter and will be explored in section 4.4.5. The main interpretation criteria, such as partnership analogy and breach of legitimate expectations, derived from the English courts, may have been considered and learned by the American courts, and were discussed in Chapter 3. As a result, the research in this chapter will be carried out from another perspective. It starts with the general guidance of the interpretation of unfairly prejudicial conduct, and then continues by way of categories of case law to examine what unfair prejudice means in each of the categories. Such an approach may be helpful for China, given that general interpretation standards probably do not function effectively in light of the Chinese legal culture, where the judges are neither comfortable nor familiar with liberal construction power.1