Author Archives: Steve Hedley

‘You’ve got mail: the High Court puts a stamp on good faith and relational contracts’

“In Bates v Post Office the court has implied a duty to act in good faith into a contract on the basis of it being relational. This dispute is between 550 claimants, most sub-postmasters, and the Post Office. It concerns Horizon, an electronic point of sale and accounting system. The claimants say defects in Horizon […]

Marnix Snel, ‘Making the implicit quality standards and performance expectations for traditional legal scholarship explicit’

ABSTRACT Scholars in search of quality standards for traditional legal scholarship could well end up disappointed. By answering the question concerning what standards legal academics use for evaluating such works – through reviewing the international literature on evaluative standards and interviews with forty law professors – this Article aims at filling this gap. This Article […]

Francis Facciolo, ‘Unauthorized Payment Transactions and Who Should Bear the Losses’

ABSTRACT … This article examines five of the most common payment systems – checks, debit cards, ACH debits, wire transfers, and credit cards-and their general rules for allocating losses prior to and after execution of a payment transaction. The final section of this article considers recent developments in society and technology, notably the problems of […]

Samuel Beswick, ‘Error of Law: An Exception to the Discoverability Principle?’

ABSTRACT Limitation statutes can become instruments of injustice when they foreclose civil recourse before plaintiffs could reasonably discover their injury. For this reason, reform has swept Canadian provinces to align the commencement of limitation with plaintiffs’ ‘discoverability’ of their claims. Canadian common law nevertheless maintains that ‘[d]iscoverability refers to facts, not law. Error or ignorance […]

Peter Ormerod, ‘A Private Enforcement Remedy for Information Misuse’

ABSTRACT Misuse of users’ personally identifiable information is persistent and pervasive. This article addresses two questions: Why is information misuse so common and so severe? And how could domestic law change to make it less so? I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related […]

Norman Otto Stockmeyer, ‘Three Faces of Restitution’

ABSTRACT During the first half of the 20th century, three mainstays of the required first-year law school curriculum were Contracts, Torts, and Restitution. Today Restitution has disappeared as a separate course and is offered, if at all, only as part of an optional Remedies course. This disappearance is particularly ironic to Michiganders, as the two […]

Eric Segall, ‘The Law Review Follies’

ABSTRACT Law review articles are too long, have too many footnotes, and are selected for publication by well-meaning law students who can’t possibly evaluate the merit of what they are reading. This essay documents just a few aspects of the Law Review Follies and suggests a few quick fixes. Segall, Eric, The Law Review Follies […]

Daniele Bertolini, ‘Unmixing the Mixed Questions: A Framework for Distinguishing Between Questions of Fact and Questions of Law in Contractual Interpretation’

ABSTRACT In Sattva Capital Corp v Creston Moly Corp, the Supreme Court of Canada established that contractual interpretation generally involves questions of mixed fact and law subject to a standard of palpable and overriding error, unless an extricable error of law is identified. The Court confirmed and specified this holding in a number of subsequent […]

‘UCTD applicable to other than employment contracts concluded between employees and employers – CJEU in Pouvin (C-590/17)’

“The CJEU supported today the AG Bobek’s opinion in the case Pouvin (C-590/17) that the notion of consumers and sellers from the Unfair Contract Terms Directive should be interpreted broadly. This means that also employees (and their spouses) who are acquiring a loan from their employers should be seen as consumers when these loans are […]

Call for Papers: The Present and Future of Music Law and Practice: University of Central Lancashire, 1 July 2019

The inextricable link between law and the commercial exploitation of music is both complementary and confrontational. The music industry’s susceptibility to factors outside of its control, such as economy,culture and technology, mean that the mode and manner of how music is made, obtained, consumed and exploited is in a perpetual state of flux. At the […]