Category Archives: Contract

Andreas Rahmatian, ‘Electronic Money and Cryptocurrencies (Bitcoin): Suggestions for Definitions’

ABSTRACT Electronic currencies and cryptocurrencies, like Bitcoin, are technological innovations but not novelties from a legal-conceptual perspective. This article seeks to provide definitions for ‘electronic currencies’ and ‘cryptocurrencies’ alongside the traditional forms of money. It becomes apparent that Bitcoin is not real ‘money’ but relies on existing currency. At present, its actual role is rather […]

Susan Haack, ‘The Academic-Publication Racket: Whatever Happened to Authors’ Rights?’

ABSTRACT Academic publishing has become big business; and as a result both readers’ access and authors’ rights are under serious threat. This impedes communication, and undermines academics’ incentive to do the best work they can. I begin by disentangling some of the many factors that have created this disastrous situation – focusing primarily on publishing […]

John Enman-Beech, ‘The Good Faith Challenge’

ABSTRACT Does contract law respect hard-nosed rational businessmen, or does it enable cut-throats who will lie and cheat whenever they can? Does it promote ethical and socially responsible commercial citizenship, or does it infantilize contractors by protecting them from themselves? All this rhetoric is brought to bear in debates over the place of good faith […]

Luke Taylor, ‘Marriage, Work, and the Invention of Family Law in English Legal Thought’

ABSTRACT This article traces the emergence of family law as an autonomous legal domain within English scholarly legal thought. It provides a genealogy of conceptual and taxonomical change spanning a nearly two-hundred-year period via close readings of a range of legal texts beginning with Blackstone’s Commentaries. The article shows how the invention of English family […]

Pietro Sirena, ‘The Rules about Restitution in the Proposal on a Common European Sales Law’

ABSTRACT Under the point of view of restitution law, the proposal on a Common European Sales Law, Part VII, draws a parallel between terminated and avoided contracts, which is much more convincing that the binary model followed by the Draft Common Frame of Reference (DCFR). It is, however, necessary to make this set of rules […]

Rebecca Zietlow, ‘Slavery, Liberty and the Right to Contract’

ABSTRACT This article explores what the right to contract meant to slaves, free blacks and northern workers before and after the Civil War, to uncover the lost history of liberty of contract under the Thirteenth Amendment. By abolishing slavery and involuntary servitude, the Thirteenth Amendment transformed United States labor law and expanded rights for all […]

Julian Bailey, ‘Comparing “good faith” in civil and common law systems’

ABSTRACT Issues of ‘good faith’ in the performance of construction and engineering contracts are common. Moreover, ‘good faith’ issues arise in most jurisdictions of the world, including common law and civil law jurisdictions. This paper considers the approach taken by English common law to the legal concept of ‘good faith’. € (Westlaw) Julian Bailey, ‘Comparing […]

Erickson and Kretschmer, ‘Empirical Approaches to Intermediary Liability’

ABSTRACT Legal theory has failed to offer a convincing framework for the analysis of the responsibilities of online intermediaries. The debate is characterised by a wide range of contested issues. This paper considers what empirical evidence may contribute to these debates. What do we need to know in order to frame the liability of intermediaries […]

‘Little Clicks, Big Consequences’

Brett Frischmann and Evan Selinger, Re-Engineering Humanity (2018). The unique qualities of digital contracts – weightless, easily duplicable – have made them ubiquitous and much longer than their paper counterparts. Consequently, they are everywhere and accordingly, nobody reads them. Yet, courts have consistently argued that digital or ‘wrap’ contracts (shrinkwrap, clickwrap, browsewrap, etc) are just […]

‘We Read 150 Privacy Policies. They Were an Incomprehensible Disaster.’

“In the background here are several privacy policies from major tech and media platforms. Like most privacy policies, they’re verbose and full of legal jargon — and opaquely establish companies’ justifications for collecting and selling your data. The data market has become the engine of the internet, and these privacy policies we agree to but […]