Category Archives: Contract

Becher and Benoliel, ‘Sneak in Contracts: An Empirical Perspective’

ABSTRACT Consumer contracts are a pervasive legal tool that governs much of our daily activities. In spite of – or perhaps due to – their ubiquity, consumer contracts are routinely modified by businesses after being accepted by consumers. Common modifications include, for example, a change in fees, alteration of a dispute resolution clause, or a […]

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 […]

Brady Williams, ‘Unconscionability as a Sword: The Case for an Affirmative Cause of Action’

ABSTRACT Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view that unconscionability operates merely as a ‘shield’ and not a ‘sword’ […]

‘On the Uniform Construction of Contract Boilerplate’

“Contract language is often recycled. The same words get reused in separate transactions between different parties. Generally speaking, the fact that different parties use the same boilerplate does not entail that those words should receive the same judicial interpretation in each transaction. Parties’ prior dealings, what they said during negotiations, local usages, the structure of […]

Colin Scott, ‘Consumer Law, Enforcement and the New Deal for Consumers’

ABSTRACT A key trend for consumer law and policy in Europe has been the progressive expansion of consumer rights. It has long been recognized that the vindication of consumer rights is challenging. The expansion of consumer rights from the 1960s was accompanied by the establishment of proactive regulatory agencies whose enforcement powers complement and to […]

Ex officio unfairness assessment limited to contractual clauses connected to the dispute – Opinion of AG Tanchev in Case C‑511/17 Unicredit Bank Hungary

“On the 19th of December 2019, AG Tanchev delivered an Opinion on Case C-511/17, which deals with the scope of the obligation to assess the unfairness of contractual terms ex officio, under Directive 93/13/EEC (Unfair Terms Directive). As AG Tanchev starts by noting, this case is related to other cases on the Hungarian framework on […]

Joe Atkinson, ‘Implied Terms and Human Rights in the Contract of Employment’

ABSTRACT This article considers the potential for implied terms in the contract of employment to protect employees’ human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the […]

‘Legal Theory Lexicon: Consent’

“Most law students begin realize that consent is a powerful legal and moral concept early in the first year of law school. A physical blow to the person is a battery – unless the blow was landed in a boxing match, in which case consent turns the battery into something that is legally permissible and […]

‘White Paper on Smart Derivatives Contract’

“Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing […]

Chris Dent, ‘The Introduction of Duty into English Law and the Development of the Legal Subject’

ABSTRACT ‘Duty’ is a term that is used in several areas of the law – notably the ‘duty of care’ and ‘fiduciary duty’. This article considers the introduction of the term ‘duty’ itself to the law, before it became part of the compound terms. In order to do so, the article surveys a range of […]