Monthly Archives: April, 2016

Ernest Lim, ‘Attribution and the Illegality Defence’

Abstract: In Jetivia SA v Bilta (UK) Ltd (in liquidation) all seven judges of the Supreme Court affirmed the decision of the Court of Appeal by holding that the illegality defence could not be raised as a defence against the claim made by the company because the wrongdoing of the directors and shareholder cannot be […]

Clark Hobson, ‘No (,) More Bolam Please: Montgomery v Lanarkshire Health Board

Abstract: Montgomery v Lanarkshire Health Board concerned a negligent non-disclose of certain risks involved in natural birth. The Supreme Court departed from Sidaway v Bethlem Royal Hospital, which formerly governed negligent risk disclosure. A new test was adopted: risks that are material must be disclosed, the materiality of a risk to be decided by reference […]

Lau Kwan Ho, ‘Injunctive Relief: But Let’s Agree Not To Have It?’

Abstract: The ability of parties contractually to limit their right to seek injunctive relief has not often been judicially discussed. An interesting case from Singapore now appears to suggest that this is much more than a theoretical possibility. Some arguments can, however, be made to demonstrate that this is perhaps not the vista of opportunity […]

Dan Priel, ‘Conceptions of Authority and the Anglo-American Common Law Divide’

Abstract: This essay seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason view explains the authority […]

Tatiana Cutts, ‘Tracing, Value and Transactions’

Abstract: Tracing is generally understood to be the process of following value through one or more substitutions, by which a claimant ‘transmits’ his claim from the right substituted into its exchange product. Understood thus, the exercise of tracing has been made increasingly difficult to conduct and predict by the development of complex payment mechanisms involving […]

Duncan Sheehan, ‘Defendant-sided unjust factors’

Abstract: This paper will examine the structure of the defendant-sided unjust factors, by which I mean duress and undue influence. The paper first argues that undue influence is based on abuse of deferential trust placed in the defendant and duress on an illegitimate threat leading to the claimant’s lack of consent. The paper distinguishes undue […]

Alexander Tran, ‘The Internet of Things and Potential Remedies in Privacy Tort Law’

Abstract: The Internet of Things (‘IoT’) is an intriguing digital phenomenon in technology that creates many legal challenges as the world becomes more interconnected through the Internet. By creating a connected system, the IoT links a network of physical objects — like consumer devices — and enables these devices to communicate and exchange data. In […]

Pamela Bookman, ‘The Unsung Virtues of Global Forum Shopping’

Abstract: Forum shopping gets a bad name. This is all the more true in the context of transnational litigation. The term is associated with unprincipled gamesmanship and undeserved victories. Courts therefore often seek to thwart the practice. But in recent years, exaggerated perceptions of the ‘evils’ of forum shopping among courts in different countries have […]

Agnieszka Janczuk-Gorywoda, ‘Online Platforms as Providers of Transnational Payments Law’

Abstract: This article uses the example of one of the best-known global payment systems provided by an online platform, PayPal, to analyse the role of private legal orders in creating new markets beyond jurisdictional borders. It shows that a relatively uniform legal order reduces risks involved in cross-border transactions and in this way enables transnational […]

‘Property and “The Right to Include”’

Donald Kochan (Chapman) recently published an essay, ‘Property as a Vehicle of Inclusion To Promote Human Sociability’, in JOTWELL – The Journal of Things We Like (Lots). The essay reviews my article on The Right to Include. In that article, I attempt to highlight the fact that private property allows owners not only to exclude […]