Category Archives: Contract

‘Dave Hoffman on Hush Contracts’

“In this episode, David A Hoffman, Professor of Law at the University of Pennsylvania Law School, discusses his article ‘Hushing Contracts’, which he co-authored with Erik Lampmann, a student at the University of Pennsylvania Law School, and published in the Washington University Law Review. Hoffman begins by explaining that a ‘hush contract’ is a non-disclosure […]

Ruth Dukes, ‘Review Article: Regulating Gigs’

J Prassl, Humans as a Service: The Promise and Perils of Work in the Gig Economy, Oxford: Oxford University Press, 2018, 208 pp, hb £26.49. At labour law conferences of the past two or three years, the emergence of the gig economy was the cause of a flurry of excitement. Having spent decades charting the […]

Philip Sale, ‘The Interface between Contract and Equity’

INTRODUCTION “… For my lecture, I have chosen the topic of the interface between contract and Equity. This is, of course, a very large area. My focus will be on substantive legal obligations rather than remedies. So I will not be attempting to deal with the topics of specific performance and injunctive relief, interesting though […]

Davis and Marotta-Wurgler, ‘Contracting for Personal Data’

ABSTRACT Is contracting for the collection, use, and transfer of data like contracting for the sale of a horse or a car or licensing a piece of software? Many are concerned that conventional principles of contract law are inadequate when some consumers may not know or misperceive the full consequences of their transactions. Such concerns […]

Raheel Ahmed, ‘The Influence of “Reasonableness” on the Element of Conduct in Delictual or Tort Liability – Comparative Conclusions’

ABSTRACT In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems […]

Francesco Paolo Patti, ‘Personalization of the Law and Unfair Terms in Consumer Contracts’

ABSTRACT Unfair terms law as an area of consumer contract law becomes more and more important and, within the European context, new forms of enforcement are discussed in order to augment the level of effectiveness of consumer protection. Personalization of the law could have a significant impact on the way in which the unfairness control […]

Laurence Ingle, ‘Smart Contracts in Consumer Law: Does New Zealand Need to Wise Up?’

ABSTRACT Blockchain-based smart contracts represent a shift towards an automated world. While their immutable and self-executing nature present numerous economic benefits, these characteristics give rise to issues. One of these issues is that the burden of issuing proceedings changes from a party looking to enforce the agreement to a party who wishes to relieve themselves […]

‘Rectifying “Mistaken” Applications of the Mistake Doctrine to Personal Injury Releases’

Grace M Giesel, A New Look at Contract Mistake Doctrine and Personal Injury Releases, 19 Nevada Law Journal 535 (2018). When one enters into a contractual agreement with another, expectations are created on both sides. Party A expects to receive something from Party B, and Party B expects to receive something in return from Party […]

‘Financial expertise does not preclude qualification as consumer – CJEU in Petruchová (C-208/18)’

“Yesterday, the CJEU issued a judgment in the case C-208/18 Jana Petruchová v FIBO Group Holdings Limited (the case has not yet been published in English; the link refers to the French version). The case concerns an individual contract for difference (CfD) concluded between the claimant and the defendant and, particularly, the definition of a […]

Susheng Wang, ‘Theory of Agreements’

ABSTRACT Business partners often start their cooperation with a loose and nonbinding agreement, and subsequently replace it by a strict and binding contract. This paper is the first to analyze such agreements extensively. We identify the role of information, incentives, uncertainty and expectation errors in agreements. We show that an agreement is the most efficient […]