Category Archives: Remedies and Procedure

Symeon Symeonides, ‘Choice of Law in the American Courts in 2019: Thirty-Third Annual Survey’

ABSTRACT This is the Thirty-Third Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains the […]

Goudkamp and Mayr, ‘Illegal Earnings’

ABSTRACT This article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid […]

James Goudkamp, ‘International Impact and Influence: Three Landmark Cases from the Canadian Law of Obligations’

ABSTRACT This article, written in honour and celebration of Beverley McLachlin’s towering contributions to the common law, focuses on several decisions of the Supreme Court of Canada in the law of obligations. Those decisions, which will be taken in chronological order, are Norberg v Wynrib, Hall v Hebert and Bazley v Curry. Each case has […]

Silvia Barona Vilar, ‘The Faces of Civil Justice in the Global Society of the 21st Century’

ABSTRACT Over time the consecration of political and democratic social models have allowed to convert the process into a category of an instrument or alternative in exercising the fundamental right to Access Justice; it is an Instrument, certainly, but it is an indispensable instrument in achieving this and it became a guarantor of citizens, with […]

‘The 2019 Hague Judgments Convention – A Game Changer?’

“The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters will form the object of a conference (in English) scheduled to take place on 23 April 2020 at the Catholic University of Milan. Speakers include …” (more) [Thalia Kruger, Conflict of Laws .net, 22 January]

‘Common Law Expansions to Anonymous Defamers Online’

“The issue of anonymous parties engaging in defamation has been one of the primary issues in online defamation. In many cases, the matter is often resolved as soon as this identity is ascertained. As such, de-anonymizing has been one of the primary strategies employed by plaintiff’s counsel in such actions …” (more) [Omar Ha-Redeye, Slaw, […]

Verbruggen and Kryla-Cudna, ‘The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA

ABSTRACT In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required […]

Vansweevelt, Lierman and Buelens, ‘No-fault Law on Medical Accidents in Belgium: An Evaluation after Six Years’

ABSTRACT After many years of criticism of the medical malpractice system based on negligence, Belgium introduced a law on medical accidents in March 2010. This law created a Medical Accidents Fund. Under this two-track system the victim of a medical accident has the choice to file a claim before the court or to seek compensation […]

Katarzyna Kryla-Cudna, ‘Damages for the Cost of Repair and the Seller’s Right to Cure in International Sales Contracts’

ABSTRACT The article focuses on whether, in the case of a breach of a sales contract, the buyer can remedy the non-conformity of the goods independently and claim damages for the cost of repair without giving the seller an opportunity to cure his failure to perform. The analysis is based on the solutions adopted in […]

Maria Veronica Saladino, ‘The Enforcement of Punitive Damages Awards Between United States and Europe: An Introduction for US Practitioners’

ABSTRACT This article’s objective is to introduce US-based practitioners to European civil-law perspectives on whether US punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions […]