Author Archives: admin

‘Three Strikes for Copyright’

Abhishek Nagaraj, Does Copyright Affect Reuse? Evidence from Google Books and Wikipedia, Management Science (forthcoming 2017), available at abhishekn.com. How should copyright law change to take account of the internet? Should copyright expand to plug the internet’s leakiness and protect content that the internet would otherwise make more freely available? Or, should copyright relax its […]

Kit Barker, ‘Private Law As a Complex System – Agendas for the Twenty-First Century’

Abstract This chapter provides a critical overview of the very wide range of challenges facing private law in the twenty-first century, ranging as they do from problems of education, technology, philosophical foundation, procedure and methodology to those of incoherence and unintelligibility produced by the proliferation of rules from sources that are increasingly diverse, and fragmented. […]

Marcus Roberts, ‘Variation Contracts in Australia and New Zealand: Whither Consideration?’

Abstract When faced with unilateral contract variations, the lower courts in Australia and New Zealand have taken different paths regarding the requirement of consideration. In Australia consideration is still required to be provided by the promisee, but what counts as consideration can include ‘practical benefits’. In New Zealand, the requirement for consideration for variation contracts […]

Jorge Castiñeira Jerez, ‘The Unexpected Change of Circumstances Under American and Spanish Contract Law: Different Concepts, Different Methodology, Similar Outcomes’

Abstract Several recent decisions by el Tribunal Supremo (Spanish Supreme Court) have expressed the need to reconsider the contractual problems that may arise following an unexpected change of circumstances. However, these court decisions have not helped achieve normalization since they apply foreign legislative concepts and disregard the basic principles of Spanish contract law. With the […]

‘Enquiring Minds Want to Know: What Law Governs Forum Selection Clauses?’

Symeon C Symeonides, What Law Governs Forum Selection Clauses, 78 Louisiana Law Review (forthcoming 2018), available at SSRN. I can think of no better person to answer the burning question, ‘What law governs forum selection clauses?’ than the inestimable Symeon C. Symeonides, of conflict-of-laws fame. Symeonides has stepped into the breach to assist civil procedure […]

Hamlyn Lectures 2017: Andrew Burrows, Thinking about Statutes: Interpretation, Interaction, Improvement: Oxford, Manchester, London, November 2017

LECTURE 1: ‘STATUTORY INTERPRETATION’: Despite its central importance, the study of statutes as a coherent whole has been and remains sadly neglected in UK law schools. These lectures address some of the central issues that arise if one thinks seriously and at a practical level about statutes. This first lecture on statutory interpretation examines four […]

Hanoch Dagan, ‘Markets for Self-Authorship’

Abstract Markets are said to serve goals such as efficiently allocating resources and entitlements, rewarding desert, inculcating virtues, and spreading power. This Essay, which was written for a special issue of Cornell Journal of Law and Public Policy on the ethical challenges of the market, focuses on another – arguably the most fundamental – goal: […]

‘After Brexit, is France Ready to Change its Approach to Law and Finance?’

“France has embarked on a major competition to benefit from Brexit and the weakening of London’s financial center. President Emmanuel Macron, as well as Prime Minister Edouard Philippe and Economy Minister Bruno Le Maire, have boasted, in turn, of the advantages of France and its infrastructure (its education system, health, and transportation). However, the importance […]

Azfer Khan, ‘Certain uncertainty: thoughts against the remedial constructive trust’

Abstract Many argue that the English law of trusts affords too much protection to claimants with proprietary interests, especially those proprietary interests arising by operation of law. For this reason, contemporary scholars suggest that the courts should embark on a more flexible approach by employing the concept of a remedial constructive trust. This article seeks […]

Chia Ming Lee and Kenny Chng, ‘Lord Denning’s influence on contract formation in Singapore – an overdue demise?’

Abstract In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach – which does away with the traditional offer and acceptance analysis – appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of […]