Monthly Archives: September, 2011

Dan Priel, ‘In Defence of Quasi-Contract’

Abstract: Restitution scholars are almost unanimous in rejecting the term quasi-contract. This essay challenges this view. It first shows that many debates among restitution scholars are in fact debates about the boundaries of consent-based liability. This point serves as introduction to the main thesis advanced in this essay, which is that the idea of quasi-contract, […]

Micallef-Borg and Van Calster, ‘Non-Contractual Liability as an Instrument for Regulating Nano and New Technologies’

Abstract: The novel properties yielded by nanoparticles’ physico-characteristics, and the benefits associated with them, have for some time now raised concerns over long-term health impact and potential risks. This article examines the suitability of non-contractual liability, as a regulatory instrument to deal with potential harm/damage that may be caused by engineered non-biodegradable/insoluble free nanoparticles, nanomaterials […]

Santos, Javier, Christian and Dedek, ‘Types of Special Contracts in Europe – Historical Development and European Perspectives’

Abstract: Contract, contrat, Vertrag. The technical terms may differ, the doctrinal details may vary, yet all Western legal systems recognize the abstract concept of autonomously binding oneself through promise and agreement. However, in everyday life such agreements are never simply manifestations of thepure idea of “contract”, freed from all accidental properties. In practice, an agreement […]

John Murphy, ‘Misfeasance in a Public Office: A Tort Law Misfit?’

Abstract: This article explores the peculiarities of the tort of misfeasance in a public office from the perspective of two popular, contemporary theories of tort law: the rights-based theory of Robert Stevens, and the corrective justice theory of Ernest Weinrib. It identifies four significant problems of fit for these theories: viz, the fact that this […]

Ted Sichelman, ‘Purging Patent Law of “Private Law” Remedies’

Abstract: This paper rejects the fundamental “private law” premise of patent law remedies that courts should always attempt to restore the status quo ante by making the patentee “whole” in the event of infringement. Instead, the patent system and its associated remedies should be viewed as part of a public regulatory regime designed to further […]

Laura Heymann, ‘The Law of Reputation and the Interest of the Audience’

Abstract: Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task re-served to others. Reputation is fundamentally a social concept; it does […]

Richard Goldberg (ed), Perspectives on Causation

The chapters in this volume arise from a conference held at The University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British […]

Ogus and van Boom (eds), Juxtaposing Autonomy and Paternalism in Private Law

Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are […]

Brownsword, Micklitz, Niglia and Weatherill (eds), The Foundations of European Private Law

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the papers in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the […]

Martijn Hesselink, ‘The General Principles of Civil Law: Their Nature, Role and Legitimacy’

Abstract: The references made by the Court of Justice in a number of recent cases to ‘the general principles of civil law’ may have been accidental, but they may also represent a deliberate first step towards a new European legal category and a new approach towards European private law which should be welcomed. Concerning the […]