Category Archives: Contract

Brian Bix, ‘Agreements in American Family Law’

Abstract Family law historically, and still today, remains a paradigm of status rather than contract. Many family law obligations and rights are connected to a status that is either not chosen (for example, child) or a status whose holder has no or limited power to alter the package of rights and duties once the role […]

Ross Grantham, ‘To Whom Does Australian Corporate and Consumer Legislation Speak?’

Abstract A recent feature of corporate and consumer legislation in Australia is that as a matter of regulatory approach the legislation seems intended to speak directly to the end-user – the company director and the consumer – rather than lawyers. Accepting that such an approach is appropriate, the question this paper will explore is whether […]

Marcus Roberts, ‘Contract Law in the Twenty-First Century: What Could Go Wrong?’

Abstract As we move deeper into the twenty-first century, there are calls for the teaching of law to move with the times. There are demands that legal educators focus more on teaching skills to their students rather than merely transmit dry doctrinal points up the front of a lecture hall to hundreds of bored, passive […]

Michael Douglas and Nicholas Loadsman, ‘The Impact of the Hague Principles on Choice of Law in International Commercial Contracts’

Abstract In 2018, Australia should enact an ‘International Civil Law Act’ which would give effect to the Convention on Choice of Court Agreements (‘Hague Convention’) and the Principles on Choice of Law in International Commercial Contracts (‘Hague Principles’). This article explains how the enactment of the Hague Principles would impact Australian private international law in […]

Jacqueline Nolan-Haley, ‘Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?’

Abstract Over the last forty years, ADR processes, in particular mediation and arbitration, have been advanced as vehicles to secure access to justice for individual litigants and to improve efficiency in overburdened court systems. These processes have functioned as alternatives to the court adjudication of disputes, complementing the judicial system, and operating in what has […]

‘The Human Side of Markets’

Mehrsa Baradaran, The Color of Money: Black Banks and the Racial Wealth Gap (2017); Andrew Lo, Adaptive Markets: Financial Evolution at the Speed of Thought (2017). Too often when discussing matters of markets and finance, policymakers and scholars lose focus of the basic fact that people are at the core of markets and finance. It […]

‘Double default: on default interest and default rules’

“Tuesday 7 August 2018, the last date on the judicial calendar of the CJEU before summer recess, was a busy day. Two of the cases on the dock in which the CJEU gave judgment concerned preliminary references from Spain: Joined Cases C-96/16 and C-94/97 (Escobedo Cortés), discussed earlier on this blog. The judgment relates to, […]

Call for papers: ‘Contractual Issues in Private International Law’

“Dear all, We would like to inform you that an international conference on ‘Contractual Issues in Private International Law’ is going to be held in Istanbul, Turkey on 11 October 2018 by Marmara University Faculty of Law. The main goal of the conference is to study and discuss contractual matters in international legal practice within […]

‘Is Contract Law Only for the Stubborn?’

Aditi Bagchi, Contract and the Problem of Fickle People, 53 Wake Forest Law Review (forthcoming), available at SSRN. Whether by design or by accident (or both), the world rewards people who are stable – who have reliable desires, low discount rates, and long-term plans. Young children who pass the marshmallow test appear to do well […]

Orbach and Huang, ‘Con Men and Their Enablers: The Anatomy of Confidence Games’

Abstract President Trump’s philosophy for life, business, and politics prescribes the use of ‘leverage’, ‘truthful hyperbole’, and ‘play[ing] to people’s fantasies’ to advance zero-sum deals. Many people believe that this philosophy made Trump a successful businessman and the greatest dealmaker in history. Many others believe that, by following this philosophy, Mr Trump has proven that, […]