Category Archives: Contract

Glenn West, ‘Teaching Contract Drafting through Caselaw – a Syllabus and a Collection of My Musings about Contract Drafting Based upon Recent Cases’

Abstract: Law Schools are under ever­increasing criticism for their failure to teach lawyers how to actually practice law – particularly on the transactional side of the practice. That criticism is basically a criticism of the caselaw method of teaching law school subjects – a method that relies upon the reading of appellate decisions providing lessons […]

Koffi Dogbevi, ‘Limitation of Liability in Adhesion Contract: A Comparative Analysis between the French Theory of “Failure of Essential Obligation” and the US Theory of “Failure of the Essential Purpose”’

Abstract: This paper aims to shed light on the French and U.S. doctrines of ‘failure of essential obligation’ and ‘failure of essential purpose’, and discuss how Courts use them to resolve issues arising from limitation of remedies clauses. The research will compare scholars and courts positions in the United States to the standards adopted in […]

Astrid Sanders, ‘Fairness in the Contract of Employment’

Abstract: Many labour law scholars in the UK are disillusioned with recent judicial decisions by the House of Lords and Supreme Court on the contract of employment. The argument made in this article is that, although there are good reasons for disillusionment with the Johnson v Unisys progeny, there have nevertheless been potentially some very […]

Gerard McMeel, ‘Foucault’s Pendulum: Text, Context and Good Faith in Contract Law’

Abstract: Recent developments in the construction of contracts have favoured a more literal approach to contractual language, and been hostile to the implication of words to fill perceived gaps in professionally drawn contracts. At the same time there has been renewed interest in the role of good faith in contract law. Until very recently the […]

Ruben De Graaff, ‘Concurrent Claims in Contract and Tort: A Comparative Perspective’

Abstract: This contribution analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation […]

David Campbell, ‘Adam Smith and the Social Foundation of Agreement: Walford v Miles as a Relational Contract’

Abstract: That the reception in subsequent case law of Leggatt J’s outstanding discussion of good faith in Yam Seng Pte Ltd v International Trade Corporation Ltd has been disappointing demonstrates the continuing failure to appreciate the normative constitution of economic exchange and the law of contract. This paper re-examines the concept of economic exchange which […]

Marco Jimenez, ‘Distributive Justice and Contract Law: A Hohfeldian Analysis’

Abstract: According to Aristotle, justice consists of giving each person his due: equal members of society should be treated equally, and unequal members, unequally. This justice, in turn, comes in two flavors: distributive and corrective. Distributive justice – which has as its purview society at large – is concerned with distributing society’s shares to individuals […]

Jeremy Sklaroff, ‘Smart Contracts and the Cost of Inflexibility’

Abstract: ‘Smart contracts’ are decentralized agreements built in computer code and stored on a blockchain. Proponents imagine a future where commerce takes place exclusively using smart contracts, avoiding the high costs of contract drafting, judicial intervention, strategic behavior, and the inherent ambiguities of written language. These decentralized code-only contracts are part of a decades-long quest […]

Bant and Paterson, ‘Consumer Redress Legislation: Simplifying or Subverting the Law of Contract’

Abstract: The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights […]

William Magnuson, ‘Regulating Fintech’

Abstract: The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. But the financial regulatory reforms enacted since the crisis have been premised on an outdated idea of […]