Author Archives: Steve Hedley

Stefan Padfield, ‘A New Social Contract: Corporate Personality Theory and the Death of the Firm’

Abstract In their Article The Death of the Firm, Professors June Carbone and Nancy Levit argue that ‘the firm as entity is disappearing as a unit of legal analysis’. More specifically, they argue that by dismissing the corporation as a mere legal fiction and equating the rights of this legal fiction with the rights of […]

Aditi Bagchi, ‘The political morality of convergence in contract’

Abstract One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective […]

Michael Da Silva, ‘Formalising formalism: Weinrib, Aristotle, and the nature of private law’

Abstract Ernest Weinrib claims that the purpose of private law is to correct injustices between private parties and the use of private laws for consequentialist ends is a distortion. Weinrib’s primary argument highlights the distinctiveness of corrective justice and distributive justice (and, by extension, private and public law). Weinrib claims to have an Aristotelian proof […]

Paul Miller, ‘The Identification of Fiduciary Relationships’

Abstract This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying fiduciary relationships, as well as analogical and definitional variants on these methods. The […]

Min Yan, ‘Remedies Under the Convention on Contracts For The International Sale of Goods and the United Kingdom’s Sale of Goods Act: A Comparative Examination’

Abstract The United Nations Convention on Contracts for the International Sale of Goods (CISG) has played an increasingly important role in international trade and considering that the law of England and Wales has a long history of being selected as the governing law in sales contracts, there has been much debate over whether the United […]

Call for Papers: Society of Legal Scholars Annual Conference, Queen Mary University of London, 4-7 September 2018

The call for papers has just been issued. Papers are invited for all SLS subject sections: of particular interest to private lawyers are the sections on Banking and Finance, Company Law, Comparative Law, Contract Commercial and Consumer Law, Family Law, Intellectual Property, Property and Trusts, Restitution, and Torts. For further information visit either the subject […]

Purshouse and Bracegirdle, ‘The Problem of Unenforceable Surrogacy Contracts: Can Unjust Enrichment Provide a Solution?’

Abstract The fact that surrogacy contracts are unenforceable can cause problems if a surrogate decides that she wishes to keep the child. When this happens, the intended parents cannot bring a claim in contract compelling her to give the baby up to them or even for the return of money paid to the surrogate. Intuitively, […]

‘NEW BOOK: Land Registration Law Reform in England and Wales’

“There’s a new book out by Hart Publishing and edited by Amy Goymour, Stephen Watterson, and Martin Dixon titled New Perspectives on Land Registration. Judging from the table of contents, the work looks like quite a fascinating read – particularly for those interested in the role that information and registration play in the allocation of […]

Ryan Doerfler, ‘High-Stakes Interpretation’

Abstract Courts look at text differently in high-stakes cases. Statutory language that would otherwise be ‘unambiguous’ suddenly becomes ‘less than clear’. This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize ‘clear’ […]

Just Published: James Plunkett, The Duty of Care in Negligence

This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of […]