Category Archives: Contract

Christian Twigg-Flesner, ‘The General Principles of the Chinese Contract Law from the Perspective of an (English) Common Lawyer’

Abstract This contribution will contrast the statement of general principles found in Arts 1-7 of the Chinese Contract Law (‘CCL’) with the approach to general principles of contract law in the (English) common law. The particular purpose of this paper will be on how these two contract law regimes regard contractual freedom and the extent […]

Mark Giancaspro, ‘Is a “smart contract” really a smart idea? Insights from a legal perspective’

Abstract Swift developments in the emerging field of blockchain technology have facilitated the birth of ‘smart contracts’: computerised transaction protocols which autonomously execute the terms of a contract. Smart contracts are disintermediated and generally transparent in nature, offering the promise of increased commercial efficiency, lower transaction and legal costs, and anonymous transacting. The business world […]

Choi, Gulati and Scott, ‘Variation in Boilerplate: Rational Design or Random Mutation?’

Abstract Standard contract doctrine presumes that sophisticated contracting parties choose their terminology carefully because they want courts or counterparts to understand the precise meaning they intend to convey. The implication of this ‘rational design’ model of commercial contracting behavior is that courts should pay close attention to the plain or ordinary meaning of the language […]

Ji Lian Yap, ‘Predictability, certainty, and party autonomy in the sale and supply of goods’

Abstract Predictability, certainty, and party autonomy are important goals in the development of legal principles. This article will examine these concepts and discuss a theoretical framework by which legal developments can be assessed. This theoretical framework will be applied in order to critically consider recent developments in two key areas relating to the sale and […]

Thorne v Kennedy

“The High Court has allowed an appeal against a decision of the Full Family Court on the enforceability of binding financial agreements before and after marriage. Pt VIIIA of the Family Law Act 1975 (Cth) allows parties to a marriage to enter into binding financial agreements before or after a marriage to clarify their respective […]

Stephen Mouritsen, ‘Objective Plain Meaning in Common Law Contracts’

Abstract When called upon to interpret the undefined language of a common law contract, judges and lawyers have for centuries appealed to the so-called Plain Meaning Rule – a canon of contractual interpretation that states that if the language of the contract is clear and unambiguous, courts cannot consider extrinsic evidence. This rule is often […]

Xiaoyang Li, ‘The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law’

Abstract China has begun a legislative process for its civil code. This thesis focuses on how to shape the pre-contractual liability in the forthcoming Chinese Civil Code from a comparative perspective. In devising the pre-contractual liability, the legislators of China confront a long-running controversy in Chinese Law – the legal status of pre-contractual liability. More […]

Geoffrey Vos, ‘Contractual Interpretation: Do judges sometimes say one thing and do another?’

Introduction It is perhaps obvious that many people say one thing and do another, and they do not say exactly what they mean. This may be what Lord Hoffmann was speaking about when he said in Mannai Investments Co Ltd v Eagle Star Life Assurance Co Ltd [1997] A.C. 749 that ‘If one meets an […]

Jori Munukka, ‘Harmonisation of Contract Law: In Search of a Solution to the Good Faith Problem’

Abstract The legal systems of the World have difficulties in harmonising their general contract laws. One major obstacle is the approach to the requirement of good faith or contractual loyalty. The theoretical explanations or foundations of this requirement differ strongly between the legal systems. Here, it is suggested that a way around the obstacle is […]

Herbert Zech, ‘Data as a Tradeable Commodity – Implications for Contract Law’

Abstract Data are increasingly seen as a commodity. This is due to the development of data technology (big data, cyber-physical systems) which changes (and created in the first place) the data economy. The technological and economic development challenges the law which is expected to provide a sound legal framework for the changing data economy. This […]