Category Archives: Contract

Rory Van Loo, ‘Broadening Consumer Law: Competition, Protection, and Distribution’

ABSTRACT Policymakers and scholars have in distributional conversations traditionally ignored consumer laws, defined as the set of consumer protection, antitrust, and entry-barrier laws that govern consumer transactions. Consumer law is overlooked partly because tax law is cast as the most efficient way to redistribute. Another obstacle is that consumer law research speaks to microeconomic and […]

Arbel and Shapira, ‘Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop it’

ABSTRACT How do consumers hold sellers accountable and enforce market norms? This Article contributes to our understanding of consumer markets in three ways. First, The Article identifies the role of a small subset of consumers – the titular ‘nudniks’ – as engines of market discipline. Nudniks are those who call to complain, speak with managers, […]

Daniel Cook, ‘Walking the Divide: A Critical Examination of the Nature of Undue Influence and Unconscionable Dealing’

ABSTRACT This article affords a contextual, exploitation-based account of the doctrines of undue influence and unconscionable dealing in the law of contract. In contrast with the vast majority of literature on undue influence and unconscionable dealing, this article argues that substantive unfairness is neither a necessary nor sufficient condition for establishing either doctrine. Rather, it […]

Gregory Crespi, ‘Multiple Contracts or One Contract? The “Reverse Divisibility” and “Subsequent Modification” Arguments for Expanding the Scope of Justified Non-Performance After Breach’

ABSTRACT The basic principles of divisibility that define the circumstances under which a single contractual agreement can be recharacterized as multiple separate agreements are well established and are standard fare in basic contract law courses and texts. However, little if any attention is paid in law school or in legal practice to the possibility of […]

Jimmy Teng, ‘Optimal Liability Rule in the Context of Hadley v Baxendale

ABSTRACT This paper uses a signaling game model to address the debate between limited liability rule and unlimited liability rule in the context of the case of Hadley v Baxendale (1854). This paper compares the levels of net social surplus obtained by the two legal rules under different sets of parameter values. The parameters investigated […]

Szymon Osmola, ‘Corrective Justice, Freedom of Contract, and the European Contract Law’

ABSTRACT Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory […]

Josias Senu, ‘Negotiating Damages and the Compensatory Principle’

ABSTRACT  The question of loss is central to the account of negotiating damages, namely whether it is correct to view the breach of a contractual right as a measurable loss to the claimant. The UK Supreme Court in One Step clarified the circumstances in which negotiating damages can be awarded. The decision aimed to explain […]

‘No oral modification clauses after Rock Advertising: Some property law difficulties’

“‘No Oral Modification’ clauses (‘NOMs’) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around […]

Francesco Paolo Patti, ‘Unfair Terms Control in Business-to-Business Contracts’

ABSTRACT The aim of the paper is to outline the regulation of one-sided (or onerous) standard terms in business-to-business contracts according to Italian law, in the light of the specific legislative rules and existent case law. Differently than other European legal systems, Italian law does not provide for a substantive control of unfair standard terms […]

Elettra Bietti, ‘Consent as a Free Pass: Platform Power and the Limits of the Informational Turn’

ABSTRACT Across the United States and Europe, notice and consent, the act of clicking that ‘I have read and agree’ to a platform’s terms of service, is the central device for legitimating and enabling platforms’ data processing, acting as a free pass for a variety of intrusive activities which include profiling and behavioral advertising. Notwithstanding […]