Category Archives: Contract

Abril, Blázquez and Martínez Evora, ‘The Right of Withdrawal in Consumer Contracts: A Comparative Analysis of American and European Law’

Abstract The aim of this paper is to compare the regulation of the right of withdrawal in US and European Law. Both coincide in granting the right of withdrawal to a special category of individuals, namely consumers, due to the situation of information asymmetry in which they find themselves vis-à-vis traders. In addition, the consumer […]

Mark Giancaspro, ‘Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes’

Abstract Perhaps as often as contracts are made, they are breached. When breaches occur, it falls to the innocent party to quantify and make a claim for their losses informally or through the courts (if they choose to do so). An award of compensation under contract law is premised upon the goal of restoring the […]

George Leggatt, ‘Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law’

Conclusion … What general conclusions might be drawn from this discussion? I would like to leave you with four thoughts. First, it can be crucial to the long-term success of a joint venture that parties are able to adapt their bargain when circumstances change substantially. I have suggested that it is increasingly common to find […]

‘Conference and call for papers on New Deal for Consumers’

“On 11-12 April 2019, the conference A New Deal for Civil Justice? The New Deal for Consumers and the Justiciability of EU Consumer Rights will take place in Amsterdam. It is organised by the Centre for the Study of European Contract Law (CSECL) and revolves around the New Deal for Consumers that was proposed by […]

‘Who Should Decide Whether the Parties Formed a Valid Agreement to Arbitrate?’

David Horton, Arbitration About Arbitration, 70 Stanford Law Review 363 (2018). David Horton’s ‘Arbitration About Arbitration’ is a thorough and insightful treatment, with both normative and descriptive elements, of the law’s approach to delegation clauses in contracts calling for arbitration. Delegation clauses assign to arbitrators the question of the validity of an agreement to arbitrate […]

Janet Halley, ‘Behind the Law of Marriage (I): From Status/Contract to the Marriage System’

Abstract Is marriage status or contract? The two legal forms stand in contemporary legal thought as ideal-typical opposites, the two poles of a gradient or spectrum along which marriage moves. Thus, at least five contemporary family law casebooks pose the question whether marriage is status or contract, and then supplant that question by others that […]

Maker, Paterson, Arstein-Kerslake and McSherry, ‘From safety nets to support networks: Beyond “vulnerability” in protection for consumers with cognitive disabilities’

Abstract This article considers the significance of the obligations in the ‘United Nations Convention on the Rights of Persons with Disabilities’ (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns […]

‘Substantial new work comparing European contract law’

“My attention was drawn earlier this week to a substantial new work (2,384 pages in length) edited by Professors Nils Jansen and Reinhard Zimmermann which compares the core doctrines and rules of contract law from the perspective of the plethora of supranational instruments which have sought to set out schemes for organising contract law (eg […]

‘Where Have All the Claims Gone?’

Cynthia Estlund, The Black Hole of Mandatory Arbitration, 96 North Carolina Law Review 679 (2018). Much has been written about employers’ mandates that their employees arbitrate claims on an individual basis. Empirical studies have examined employee success rates in arbitration, comparing them to employee success rates in litigation, and the effects of the employer being […]

Hwang and Jennejohn, ‘Deal Structure’

Abstract … This Article builds upon that pioneering work to make two contributions to the literature. First, it provides the first comprehensive account of structural complexity in modern contracting, and explains how modern contract designers use structure to advance their goals. Second, it shows how the design of contract structure can influence interpretation. Contracts have […]