Category Archives: Contract

Uri Benoliel, ‘The Course Of Performance Doctrine In Commercial Contracts: An Empirical Analysis’

ABSTRACT … Despite the widespread debate over the course of performance doctrine, there are no quantitative empirical studies aimed at directly exposing the parties’ true intention about the doctrine. This Article aims to fill this research void by empirically analyzing actual anti-course of performance clauses in commercial contracts. By examining 1,550 commercial contracts that have […]

Call for Papers: Data-Driven Personalisation in Markets, Politics and Law: Southampton Law School, 28 June 2019

We will be holding a workshop on the topic of ‘Data-Driven Personalisation in Markets, Politics and Law’ on Friday 28 June 2019 at Southampton Law School. This is an important emerging area of law that goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative […]

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 […]

Adam Levitin, ‘The Law of the Middle Class: Consumer Finance in the Law School Curriculum’

ABSTRACT America is defined by its broad middle class, but the middle class is virtually absent from the law school curriculum. Law school courses deal with general concerns (contracts, torts, property, and taxes), the concerns of the rich (trusts and estates), and occasionally the law of the poor, but there are no courses dedicated to […]

Daniel Barnhizer and others, ‘The Best and Worst of Contracts Decisions: An Anthology’

ABSTRACT The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract […]

Open University School of Law PhD Studentship 2019: Critical intersections between blockchains, law and regulation

“For the academic year beginning 1 October 2019 the Open University Law School is inviting applications for a number of full-time funded PhD studentships. The studentships are based at the Milton Keynes campus and students are normally expected to live within commuting distance of Milton Keynes …” (more) [Critical Legal Thinking, 12 February]

‘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 […]

Solène Rowan, ‘The “Legitimate Interest In Performance” in the Law on Penalties’

ABSTRACT The article focuses on the ‘legitimate interest in performance’ requirement which is now at the heart of the new test on penalty clauses but which has been left undefined by the Supreme Court in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis (2016). It seeks to bring clarity to […]

Vincent Ooi, ‘Contracts Formed by Software: An Approach from the Law of Mistake’

ABSTRACT A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as […]

Levitin, Kim, Kunz, Linzer, McCoy, Moringiello, Renuart and Willis, ‘The Faulty Foundation of the Draft Restatement of Consumer Contracts’

ABSTRACT Professor Gregory Klass’s replication study of the Draft Restatement of the Law of Consumer Contract’s empirical analysis of privacy policies found troubling and pervasive problems with the Reporters’ coding of cases. We extended Professor Klass’s study with a replication of the coding of the two largest datasets supporting the Draft Restatement, those on the […]