Category Archives: Contract

The Future of the Commercial Contract in Scholarship and Law Reform: Institute of Advanced Legal Studies, 12 October 2018

This conference presents research undertaken during 2016-2018 at CCL, IALS. It focuses on the interface between public and private law, the new frontiers of commercial law and will have a special section on the notion of hardship in international commercial contracts (including public/private contractual relationships) and related rules and remedies … (more)

David Horton, ‘Borrowing in the Shadow of Death: Another Look at Probate Lending’

Abstract ‘Fringe’ lending has long been controversial. Three decades ago, demand for subprime credit soared, and businesses started to offer high-interest rate cash advances, such as tax refund anticipation loans, payday loans, and pension loans. These products have sparked intense debate and are subject to a maze of rules. However, in ‘Probate Lending’, published in […]

Research Assistant / Research Associate / Research Fellow: Centre for Banking and Finance Law, National University of Singapore

“The Centre for Banking and Finance Law (CBFL) at the Faculty of Law, National University of Singapore seeks to be at the cutting edge of legal developments in banking and finance by contributing ideas for improving the financial system at the national, regional and global levels. It aims to bring together a vibrant community to […]

Nathan Atkinson, ‘Designing Remedies to Compensate Plaintiffs for Unobservable Harms’

Abstract Despite the vast sums transferred through the legal system, the foundations of the procedures used to compensate plaintiffs for unobservable losses remain unclear. Standard remedies can compensate plaintiffs for unknown harms, but it is expensive to do so. Damage awards will generally undercompensate or overcompensate a plaintiff whose true harm is unknown, while equitable […]

Evelyn Tenenbaum, ‘Donate Today so Your Loved One Can Receive a Future Live Donor Kidney: Are Kidney Vouchers Enforceable Contracts?’

Abstract The kidney voucher program was started by the National Kidney Registry (NKR) in December 2014. Under the program, live donors can donate a kidney in return for a voucher that entitles their intended recipients to a live donor kidney from the end of a future kidney chain. The purpose of the program is twofold. […]

‘Party Autonomy in Private International Law’

“Alex Mills, University College London, has written a book on party autonomy in private international law which has just been published by Cambridge University Press. The author has kindly provided us with the following summary …” (more) [Giesela Ruehl, Conflict of Laws .net, 6 September]

Hao Jiang, ‘Substantive Unfairness as Unconscionable’

Abstract Contrary to the conventional view that the doctrine of unconscionability requires procedural defects and is based on bargaining inequality, this paper argues that, in principle, substantive unconscionability alone shall be sufficient to constitute unconscionability and so vitiate a contract. It is also my contention that Aristotelian idea of contract of exchange as an act […]

Gabriele Carapezza Figlia, ‘The Prohibition of Discrimination as a Limit on Contractual Autonomy’

Abstract The essay analyzes the progressive assertion of non-discrimination as a principle within Italian and European contract law. After having examinated the legislative concept of contractual discrimination, the scope of the prohibition and the extent of its impact, the Author shows that the direct applicability of the principle of equality within private law relations is […]

‘PhD vacancy in European Private Law’

“The Centre for the Study of European Contract Law (CSECL) invites applications for a PhD position from candidates who can actively contribute to Amsterdam Law School’s dynamic research community. For 38 hours per week. Closing date: 1 October 2018. Applicants are invited to formulate an innovative research question (or hypothesis) which should link up to […]

James Fisher, ‘Contract variation in the common law: A critical response to Rock Advertising v MWB Business Exchange

Abstract This note analyses the UK Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd, a case that confirms the long uncertain ability of ‘No Oral Modification’ clauses to exclude informal variations in English law. This note argues that, while the Court was correct to reject the putative oral variation in […]