Monthly Archives: March, 2015

Barker and Steele, ‘Drifting Towards Proportionate Liability: Ethics and Pragmatics’

Abstract: This article investigates an apparent, convergent shift in common law jurisdictions away from the traditional principle of joint and several liability towards proportionate liability in cases involving multiple wrongdoers, and argues that this is best seen as an unprincipled drift. The shift is often presented by defendants and legislators as a logical extension of […]

Jonathan Morgan, ‘Liability for Independent Contractors in Contract and Tort: Duties To Ensure That Care Is Taken’

Abstract: Liability for independent contractors generally poses few difficulties in the law of contract, whereas in tort it is a vexed question. The difficulties are only compounded by the governing concept: the so-called ‘non-delegable duty’. This article explains the differences and argues that no easy parallels can be drawn from the contractual position to answer […]

Luiz Gustavo Meira Moser, ‘Parties’ preferences in international sales contracts: an empirical analysis of the choice of law’

Abstract: This article is intended to offer insights into parties’ analytical reasoning while negotiating and choosing a governing law in international sales contracts. It will present a particular focus on the cost-benefit analysis exercised by contracting parties, noting the advanced precautions taken and strategies involved in these cross-border contracts. By presenting and exploring the results […]

Hans-Wolfgand Micklitz, ‘On the intellectual history of freedom of contract and regulation’

Abstract: Are we, private lawyers and contract lawyers, not convinced that we share a common understanding of freedom of contract, of ‘freedom’, of ‘contract’, and of the restriction of freedom of contract through ‘regulation’? Is this common understanding not the basis on which we all operate – implicitly or explicitly – in our intellectual discourse […]

Dari-Mattiacci and Guerriero, ‘Law and Culture: A Theory of Comparative Variation in Bona Fide Purchase Rules’

Abstract: A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the […]

Heikki Pihlajamäki, ‘Private Law Codification, Modernization and Nationalism: A View from Critical Legal History’

Abstract: Private law codification is not as indispensable to continental legal culture as standard legal histories would have us believe. Law was modernizing roughly at the same time, and in the same way, in Western countries that did not codify private law, including the common law world and Scandinavia. This suggests a connection between the […]

Catharine MacMillan, ‘The mystery of privity: Grand Trunk Railway Company of Canada v Robinson (1915)’

Abstract: This article examines a little known decision of the Judicial Committee of the Privy Council: Grand Trunk Railway Company of Canada v Robinson (1915). The examination is historical and it provides a different insight into the understanding of privity of contract, a doctrine central to contract law. The examination reveals a process of trans-Atlantic […]

Samuel Beswick, ‘ “Losses in Any Event” in the Case of Damage to Property’

Abstract: In several relatively recent decisions, the House of Lords and the Court of Appeal have declared, relying on a series of early 20th century admiralty cases, that the occurrence of supervening events is irrelevant to the determination of damages for negligent injury to property. The principle has been described as ‘a firm sub-rule’ that […]

Orly Lobel, ‘The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property’

Abstract: Contemporary law is expanding into the area of ‘cognitive property’, leading to the commodification of intellectual intangibles, including human capital. In this Article, Professor Lobel explores this phenomenon, focusing on the the increase in trade secret protection and the so-called ‘talent wars’. She uncovers the harms of this new cognitive property and analyzes these […]

Professor of Contract and/or Property Law – TC Beirne School of Law, University of Queensland – closing date 5 April 2015

The School is seeking a Professor of Contract and/or Property Law to provide outstanding leadership and foster excellence in research, teaching and professional activities within the School, University, and within the industry and the community. The successful candidate will be committed to the development and maintenance of a high profile and productive program of research; […]