Category Archives: Remedies and Procedure

Marco Jimenez, ‘Bridging The Property-Contract Divide: Testing The Endowment Effect In Contract Law’

INTRODUCTION … Therefore, this Article fills this empirical gap and tests whether, and to what extent, the endowment effect applies directly to the promises to exchange goods (ie, contracts), rather than to the property that is frequently exchanged through the medium of contract. More specifically, the question explored in this Article is whether an individual […]

Hila Keren, ‘Valuing Emotions’

ABSTRACT This Article illuminates an unresolved legal enigma: Why is private law so reluctant to compensate victims for emotional harms while it is fully committed to compensating them for any other type of harm? It proposes a novel analysis of the deeper roots of the problem and a solution. This Article shows that the persistent […]

‘Building a Better Mousetrap’

Christopher Hodges and Stefaan Voet, Delivering Collective Redress: New Technologies (2018). A series of mostly hostile Supreme Court and court of appeals decisions, combined with the Court’s unwillingness to rein in boilerplate arbitration clauses in consumer agreements, has led a number of scholars to proclaim that class actions are dead, or at least dying. While […]

‘Setting the Personal Injury Discount Rate’

“The Damages Act 1996, as amended by the Civil Liability Act 2018, requires the Lord Chancellor to consult the Government Actuary when reviewing the Personal Injury Discount Rate for the first time after the amendments made to the 1996 Act came into force …” (more) [Government Actuary’s Department, 22 January]

Diego Pestana, ‘The “Feel” Of A Case: Virtue Decisionmaking As The Correct Approach For Deciding Cases In Equity’

INTRODUCTION … Section I of this Article will provide a brief history of Law and Economics, beginning with its origins in the judicial philosophy of legal realism as espoused by Oliver Wendell Holmes. Section II will discuss the American Hospital case, where Judge Posner memorialized the Leubsdorf-Posner Formulation for granting preliminary injunctions. Section III examines […]

Case Law: Linklaters LLP v Mellish, Protecting confidential information in the open

“In a judgment of 5 February 2019, Mr Justice Warby granted Linklaters an interim non-disclosure injunction against a former employee and set a return date hearing (which was heard yesterday). Following the return date hearing, the continuation of the injunction was not opposed and the case was stood over until 22 February 2019, when a […]

Eri Osaka, ‘Current Status and Challenges in the Fukushima Nuclear Disaster Compensation Scheme: An Example of Institutional Failure?’

ABSTRACT The Fukushima Nuclear Disaster brought widespread and long-term damage. Soon after the accident, the government hastily set up the Fukushima nuclear disaster compensation scheme under the existing law to deal with a large number of compensation claims by the victims. It published the compensation guidelines and established the nuclear damage alternative dispute resolution (ADR) […]

Sara Gold, ‘When Pokémon GO(es) Too Far: Augmented Reality and Tort Law’

ABSTRACT No one could have anticipated the drastic consequences of Pokémon GO, which quickly became the most popular smartphone game in U.S. history with more than $2 billion in global revenue from July 2016 to December 2018. In this augmented-reality game, players are required to travel with their phones to real-life locations in order to […]

Elspeth Talbot Rice, ‘I’m a Trustee, get me out of here (with indemnities and security)’

ABSTRACT This article is a wake-up call for trustees: it looks at the Chief Justice’s decision in the Supreme Court of Bermuda in Meritus v Butterfield, which exposes as a myth the notion that an outgoing trustee is entitled to insist on a contractual indemnities or to retain trust assets as security against potential trust […]

Miroslav Imbrišević, ‘The Strategic Foul and Contract Law: Efficient Breach in Sports?’

ABSTRACT The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to […]