Category Archives: Contract

Paul MacMahon, ‘Contract Law’s Transferability Bias’

ABSTRACT When A makes a contract with B, it comes as no surprise that she is liable to B. If B can transfer her contractual rights to C, A is now liable to C. Parties in A’s position often have strong reasons to avoid being liable to suit by C. Contract law, however, seems determined […]

‘Free online seminars on consumer law’

“In response to the current outbreak of COVID-19 The Academy of European Law (ERA) is one of the companies that provides some of their services now for free (for an abusive approach of companies we reported here). They made available some of their past seminars for free on specific areas of law, including consumer law. […]

Giesela Ruhl, ‘Regulatory Competition and the Hague Principles of Choice of Law in International Commercial Contracts’

ABSTRACT The theory of regulatory competition has recently been applied to a broad range of legal fields. To the extent that it is put to use in private law, private international law plays a crucial role. This is because regulatory competition will only come into existence, if, on the demand side, businesses and consumers are […]

Patrick Hodge, ‘Technology and the Law’

“My theme tonight is of the need for lawmakers, regulators and judges in the United Kingdom to be alive to the demands for change that technology will make of our legal systems and the opportunities and challenges which that technology creates for the legal professions. The executive branches of government, our legislators and courts will […]

‘Rebecca Giblin on Copyright Contracts’

“In this episode, Rebecca Giblin, Associate Professor of Law at Melbourne Law School and Director of the Intellectual Property Research Institute of Australia, discusses her article Are Contracts Enough? An Empirical Study of Author Rights in Australian Publishing Agreements, which she co-authored with Joshua Yuvaraj and will be published in the Melbourne University Law Review. […]

Johnson, Volciuc-Ionescu, Dinu, Logunov, Lucio Furman, Rose and Hertog, ‘International Contracts’

ABSTRACT Since at least the days of lex mercatoria, merchants in different jurisdictions have had to navigate the distinctive issues and risks that are present when entering into contractual arrangements or undertaking obligations across borders or in foreign lands. And, as the village marketplace of old has become a global marketplace, international contracts have become […]

‘Contract in Crisis’

Emily Strauss, Crisis Construction in Contract Boilerplate, 82 Law and Contemporary Problems 163 (2019). Oddly enough, contract law may help quell at least some of the panic that comes with a pandemic. Sure, contract doctrine can’t tell us about the spread of the COVID-19 virus. But Emily Strauss’ article Crisis Construction in Contract Boilerplate shows […]

Krzysztof Żok, ‘Consumer protection in cloud computing contracts stipulating non-monetary remuneration’

ABSTRACT The convenience of cloud services rapidly increases their popularity among consumers. Although the services are often marketed as free, the consumer may be required to provide remuneration. Instead of charging a fee, however, providers usually collect assets other than money, in particular consumer’s personal data. This raises serious questions about consumer protection which until […]

‘“Matters relating to a contract” without contract (with the claimant) – ECJ, Judgment of 26 March 2020, Case C-215/18, Libuše Králová v Primera Air Scandinavia A/S, on Article 5 no 1 Brussels I Regulation’

“In this case, a Czech passenger entered into a package travel contract with a Czech travel agency on a flight from Prague to Keflavik in Iceland and on accommodation there. The flight was operated by the Danish air carrier Primera Air Scandinavia. The flight was delayed by four hours. This is why the passenger brought […]

Liam Murphy, ‘The artificial morality of private law: The persistence of an illusion’

ABSTRACT In the public at large, property and contract law are commonly thought to reflect moral proprietary and promissory rights. Contemporary philosophers are mostly sceptical about natural property rights, though not about promissory rights. I argue at length that contract and promise, no less than property, can only be justified instrumentally – by appeal to […]