Category Archives: Contract

Eesa Allie Fredericks, ‘The consequences of contractual incapacity in private international law’

ABSTRACT In this article, the issue of which legal system should govern the consequences of contractual incapacity is addressed, for instance, that a contract is void, voidable or unenforceable (or that it is valid only after ratification) and that restitution has to be made. Most legal systems do not specifically identify an applicable law in […]

Stéphane Sérafin, ‘Transfer by Contract at Common Law and in Equity’

ABSTRACT For those authors who adopt a ‘transfer’-based explanation of contract, even the act of promising to do something at some later time appears capable of effecting an immediate transfer of rights from promisor to promisee. This paper argues that this particular conception of contract presents a strong problem of fit from the perspective of […]

Steven Feldman, ‘Actual Agreement, Shared Meaning Analysis, and the Invalidation of Boilerplate: A Response to Professors Kar and Radin’

ABSTRACT Analyzing a difficult subject that ‘pervades’ contract law and which is ‘vital’ to the national economy, scholars have produced scores of articles about the legal and societal aspects of boilerplate contract terms With their February 2019 article in the Harvard Law Review, Pseudo-Contract And Shared Meaning Analysis, Professors Robin Bradley Kar and Margaret Jane […]

Tracey Tomlinson, ‘Negligent Disruption of Genetic Planning: Carving Out A New Tort Theory to Address Novel Questions Of Liability in an Era of Reproductive Innovation’

INTRODUCTION In March 2017, the Singapore Court of Appeal awarded damages for a previously unarticulated tort – the ‘loss of genetic affinity’. In the case before the Court, a husband and wife underwent in-vitro fertilization (IVF) treatment, and subsequently delivered a baby girl (Baby P). Several months after the birth of Baby P, the parents […]

‘OBLB Book Release: Autonomous Systems and the Law (CH Beck/ Nomos 2019)’

Autonomous Systems and the Law (CH Beck/Nomos 2019) by Nikita Aggarwal, Horst Eidenmüller, Luca Enriques, Jennifer Payne, and Kristin van Zwieten (eds) is a collection of papers dealing with the advancements of artificial intelligence. The book is the result of the annual Oxford Business Law conference in 2018, which took place on 8 March 2018 […]

Caspar Bartscherert, ‘Two Steps Forward, One Step Back: One Step (Support) Ltd v Morris‐Garner and Another

ABSTRACT One Step is an important decision that deals with the circumstances in which a claimant may recover damages in contract on the so‐called Wrotham Park basis, valued as the amount that would hypothetically have been negotiated between willing parties to release the defendant from his obligation. This note argues that, although the Supreme Court […]

Joanna McCunn, ‘The Contra Proferentem Rule: Contract Law’s Great Survivor’

ABSTRACT The contra proferentem rule has been under sustained attack in recent years, as judges doubt whether it has any role to play in modern commercial contract law. This article sheds light on the function of the rule by examining its historical development. The rule has been part of English contract law for over 600 […]

AWPLN: ‘First post for 2019: news and publications’

“We’ve been informed of the following publications by Australian female scholars in the area of private law from the end of December 2018 to the end of February 2019: Elise Bant, ‘Unravelling Fraud in the Wake of Hayward v Zurich Insurance’ (2019) Lloyd’s Maritime and Commercial Law Quarterly 91; Elise Bant, and Jeannie M Paterson, […]

David Foxton, ‘How useful is Lord Diplock’s distinction between primary and secondary obligations in contract?’

INTRODUCTION … This article revisits Lord Diplock’s distinction in its original contractual setting. It begins by considering the terms in which the distinction was formulated by Lord Diplock, and how that formulation evolved over time. It then seeks to test its utility for the ‘chambers of the practitioner’ by considering six challenging issues of contract […]

Michael Bridge, ‘The exercise of contractual discretion’

INTRODUCTION … In the paragraphs that follow, I shall start with the impact of administrative law before turning to a brief account of the shape and temper of modern contract law. I shall then look at categories of cases dealing with controls on the exercise of contractual discretion, before turning to the particular instance of […]