Category Archives: Contract

William Magnuson, ‘The Public Cost of Private Equity’

Abstract: This Article presents a theory of the corporate governance costs of private equity. In doing so, it challenges the common view that private equity’s governance structure has resolved, or at least significantly mitigated, one of the fundamental tensions in corporate law, that is, the conflict between management and ownership. The Article argues that this […]

‘Brexit: Contracts’

“Given that the exit from the EU will not entail any change in the currency of the UK, there are fewer issues about existing contracts than would be the case if a member of the Eurozone left the EU. However there are still a number of issues for contracting parties to address. A key question […]

Eliza Varney, ‘Redefining contractual capacity? The UN Convention on the Rights of Persons with Disabilities and the incapacity defence in English contract law’

Abstract: How can the incapacity defence in contract law coexist with the concept of universal legal capacity advanced by the UN Convention on the Rights of Persons with Disabilities (CRPD)? In the absence of clear guidance from the CRPD on the link between legal capacity and mental capacity, and given the silence of this Convention […]

Contract Law and the Moral Limits of Markets: CSECL International Summer School, University of Amsterdam, 28 June – 1 July 2017

From Wednesday June 28 – Saturday July 1 the Summer School Contract Law and the Moral Limits of Markets will take place at the Amsterdam Law School. Junior scholars and advanced students will have the opportunity to explore questions on moral limits of markets from a legal, contractual, standpoint together with Aditi Bagchi, Hanoch Dagan, […]

Just Published: Nathan Oman, The Dignity of Commerce: Markets and the Moral Foundations of Contract Law

Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks […]

‘The Lucrative Business of Lending Against an Expected Inheritance’

David Horton and Andrea Cann Chandrasekher, Probate Lending, 126 Yale Law Journal 102 (2016). Recently, private companies have begun advancing funds to estate beneficiaries in exchange for the beneficiaries’ anticipated inheritances from those estates. These ‘probate loans’, which have never even been mentioned in another law review article, are explored in detail by Professors David […]

Zemach and Ben-Zvi, ‘Contract Theory and the Limits of Reason’

Abstract: It is widely agreed that no theory of contract is fully adequate – all theories face formidable descriptive, normative and conceptual difficulties. Why has contract scholarship failed to produce an acceptable theory of contract law, even after several decades of nuanced and sophisticated theoretical efforts? This Article answers this puzzle by offering a novel […]

Francisco De Elizalde, ‘Should the Implied Term Concerning Quality Be Generalized? Present and Future of the Principle of Conformity in Europe’

Abstract: One of the main inroads to the so-called Classic Contract Law has been made by implied terms imposing a certain quality on the subject matter of contracts, an outcome that has been achieved by resorting to a variety of legal sources and tools. Modernization and harmonization of European Contract Law, to this respect, has […]

Neil Andrews, ‘Interpretation Of Contracts And “Commercial Common Sense”: Do Not Overplay This Useful Criterion’

Introduction: … In Section II, we begin by noting the central features of the English rules governing interpretation of written contracts. Beatson LJ in the Globe Motors case (2016) conducted a thorough review of the modern English authorities and Christopher Clarke LJ’s earlier encapsulation in Wood v Sureterm Direct Ltd and Capita Insurance Services Ltd […]

Carter, Courtney and Tolhurst, ‘An Assimilated Approach To Discharge For Breach Of Contract By Delay’

Abstract: The conflict between common law and equity on the question of when time should be regarded as being ‘of the essence’ for the performance of a contract has often been debated, as has the impact of its resolution by the Judicature reforms in favour of equity’s more relaxed approach. Even so, it is tolerably […]