Monthly Archives: October, 2017

Samuel Hickey, ‘Punitive damages for breach of contract: A Singaporean perspective’

Abstract In the recent decision of PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd [2017] SCGA 26, the Singapore Court of Appeal considered whether punitive damages could be awarded for breach of contract. In doing so, the Court was tasked with choosing between Canadian jurisprudence, which permits punitive damages in contract cases, […]

Would you prefer your posts from the Private Law Theory blog to be more selective?

As you may know, the current e-mail subscription facility is undiscriminating, notifying all 600-odd subscribers of everything new, even if their interests are more limited. I have allowed this situation to continue for so long partly because it works, but mostly because the alternative is worse: extra admin and complication for all concerned, over-reliance on […]

Bede Harris, ‘A Roman law solution to an eternal problem: A proposed new dignitary tort to remedy sexual harassment’

Abstract This article discusses the failure of both common and statute law to provide an adequate remedy for sexual harassment. The author adopts a comparative approach and examines the actio injuriarum of Roman law, which gives a remedy to plaintiffs for impairment of dignity caused by insult. He discusses how case law which has developed […]

Charles Mitchell, ‘Current Issues in Unjust Enrichment: The “Time Value” of Money and Proprietary Remedies for Failure of Basis’

Abstract The paper examines two issues in the English law of unjust enrichment that have been considered in recent case law: whether claims lie for the value of an opportunity to use money, and if so how these should be measured, and whether proprietary remedies should be awarded to claimants who succeed in establishing a […]

Jan Dalhuisen, ‘What Does the Transnationalisation of the Commercial Contract Mean? Is there a New Model and Are There Minimum Standards? Is There a Law and Economics Perspective?’

Abstract This presentation deals with the nature of the commercial contract and how it operates in the transnational commercial and financial legal order. It discusses and compares the common and civil law contract model and finds that transnationallly in professional dealings the common law model is favoured, the reason being that it derives from commercial […]

‘The Non-Domination Principle in Fiduciary Law’

Evan J Criddle, Liberty in Loyalty: A Republican Theory of Fiduciary Law, 95 Texas Law Review 993 (2017), available at SSRN. Fiduciary law crosses many domains, but it is of particular import to the field of trusts and estates, where it lays down rules of conduct for key actors within that legal system. In Liberty […]

Robert Rabin, ‘Dov Fox on Reproductive Negligence: A Commentary’

Abstract This commentary offers three basic observations about Professor Dov Fox’s novel and illuminating conception of a new tort of reproductive negligence. In Reproductive Negligence, Professor Fox identifies three scenarios, categorically: imposition of unwanted parenthood, deprivation of wanted parenthood, and confounding of efforts to have expected traits. Drawing on these circumstances, Fox argues the case […]

Wendy Nixson, ‘Has the Right to Breach Patient Confidentiality Created A Common Law Duty to Warn Genetic Relatives?’

Abstract This paper discusses the conflict between a medical practitioner’s duty of care and duty to maintain patient confidentiality, and their statutory right to inform a relative about a possible genetic condition. The statutory right arguably creates a Rogers v Whitaker type duty to provide the same information a patient might require in order to […]

Hofri-Winogradow and Kaplan, ‘Property Transfers to Caregivers: A Comparative Analysis’

Abstract Caregivers are key recipients of property transfers, both inter vivos and testamentary. The law’s treatment of property transfers to caregivers changes according to the caregiver’s relationship to the person cared for. Where caregivers are related to care recipients, the law generally favors the structuring of property transfers to caregivers as capital, rather than income […]

Gries and Slocum, ‘Ordinary Meaning and Corpus Linguistics’

Abstract This paper demonstrates how corpus analysis, and similar empirically-based methods of language study, can help inform judicial assessments about language meaning. We first briefly outline our view of legal language and interpretation in order to demonstrate the importance of the ordinary meaning doctrine, and thus the relevance of tools such as corpus analysis, to […]