Category Archives: Contract

Vivien Chen, ‘Online Payday Lenders: Trusted Friends or Debt Traps?’

ABSTRACT The recent Senate inquiry into credit and hardship underscored the prevalence of predatory conduct in the payday lending industry. The rise of digitalisation has increased consumer access to high-cost payday loans and the ensuing risk of debt spirals. The article examines the marketing strategies of online payday lenders, revealing that the effect of mandatory […]

Jafari v Tareem Limited [2019] EWHC 3119 (Ch)’

“Summary: The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment. Facts: The Appellant is the commercial tenant of a dentist’s surgery. The Respondent is the landlord, and was conducting a major renovation of the rest of the […]

Martin-Bariteau and Pontello, ‘Hashing Out Agreements: An Overview of “Smart” Contracts under Canadian Common Law’

ABSTRACT Blockchain-based technologies are starting to permeate every aspect of the Canadian legal landscape. Blockchain is often solely associated with cryptocurrencies, such as Bitcoin; however, it has numerous applications beyond virtual currencies. Blockchain technology has the potential to provide numerous opportunities to those providing legal services, notably through smart contracts. However, some legal uncertainty remains […]

Jeremy McClane, ‘Boilerplate Semantics: Judging Natural Language in Standard Deal Contracts’

ABSTRACT Many corporate finance lawsuits involve the interpretation of commonly-used boilerplate contracts, the meaning of which is thought to be widely understood. In some cases, however, judges interpret these contracts in ways that upend market actors’ expectations about the meaning of terms and frustrate the presumed intent of the parties. Given this experience, and the […]

Schovsbo and Riis, ‘Concurrent Liability in Contract and Intellectual Property: Licensing Agreements in Light of Case C-666/18, IT Development SAS

ABSTRACT It is the starting point in some jurisdictions that if a licensing agreement has been breached the licensor may choose to base her claims against the licensee on either contract or IPR. This article argues that such a starting point should not be upheld. Not least because of the developments in EU law, the […]

‘Are the User Contracts of Google and Facebook Illegal?’

“Are the user contracts of Google and Facebook illegal? No one has ever raised this question in court, so as yet there is no definitive answer. But why would anyone raise this question? Because the business model of Google and Facebook (free service for personal data) is immoral and the contracts implementing it are arguably […]

Kristelia Garcia, ‘Contracts and Copyright: Contemporary Musician Income Streams’

ABSTRACT Musicians typically earn revenues from two sources: copyright law and contract. The proportion of revenue derived from each of these sources varies from artist to artist, but an understanding of the general distribution of earnings from each source is useful when considering proposed legislative amendments. Through a series of qualitative interviews with working musicians, […]

Paterson and Bant, ‘Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law’

ABSTRACT The fertility of judicial techniques of statutory interpretation is uniquely evidenced in the development of the jurisprudence supporting the award of civil pecuniary penalties for specific contraventions of the Australian Consumer Law (ACL) and equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act). Paterson, Jeannie Marie and Bant, Elise […]

Mattis Jacobs, ‘How Implicit Assumptions on the Nature of Trust Shape the Understanding of the Blockchain Technology’

ABSTRACT The role that trust plays in blockchain-based systems is understood and portrayed in various manners. The blockchain technology is said to enable and establish trust as well as to redirect it, to substitute for it, and to make it obsolete. Furthermore, there is disagreement on whom or what users have to trust when using […]

Jeff Gordon, ‘Silence for Sale’

ABSTRACT In the battle between freedom of contract and freedom of speech, contract almost always wins. Recently, nondisclosure agreements (NDAs) – contracts that censor speech – have come under intense scrutiny for cloaking wrongdoing, and scholars have not entirely confronted the harm that contractually enforced silence unleashes on free expression. Prompted by the #MeToo movement, […]