Monthly Archives: July, 2019

Eldridge and Pilkington, ‘Before the High Court – Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

ABSTRACT Should a claimant be entitled to maintain a claim for restitution in respect of work carried out under a contract that is subsequently discharged for breach or repudiation? Should the claimant instead be limited to a contractual claim for damages? If a claim for restitution is maintainable in these circumstances, should the contract price […]

‘How Shall We Regulate Autonomous Machines?’

“Machines powered by artificial intelligence (AI) are on the rise. In many use cases, their performance today already exceeds human capabilities. Building on a prior OBLB post, I explore fundamental regulatory issues related to such ‘autonomous machines’ in a recent essay. I adopt an analytical perspective that highlights the importance of what I call the […]

‘Jorge Contreras on “Sui-Genericide”’

“In this episode, Jorge L Contreras, Professor of Law at the University of Utah SJ Quinney College of Law, discusses his draft article ‘Sui-Genericide’. Contreras begins by explaining the difference between trademarks and generic terms, and how generic terms relate to the public domain in copyright and patent. He discusses how ‘genericide’ can turn strong […]

Kit Barker, ‘Apportionment in Private Law: Nothing, All, or Something in Between?’

ABSTRACT In modern private law, there has been a clear trend in recent years away from ‘all or nothing’ solutions to questions of legal responsibility toward solutions which attempt to divide responsibility for harm between multiple parties. This shift is in some instances the product of more subtle intuitions about relative moral responsibility, but it […]

Early Career Workshop: Sheffield Institute for Corporate and Commercial Law, Bartolomé House, 16 October 2019, 13:00-18:30

Sheffield Institute for Corporate and Commercial Law is organising an early career workshop presenting three papers by centre members, followed each by external discussants. All welcome, attendance is free. 13:00 Welcome 13:10-14:40 Ms Katherine Cousins ‘The commercial interest in the reintroduction of the income tax’. Chair: Professor Sarah Blandy; academic discussant: Professor Jane Frecknall-Hughes (Nottingham […]

Karen Sneddon, ‘Voice, Strength, and No-Contest Clauses’

ABSTRACT The will is a unilateral written disposition of probate property to be effective upon the will-maker’s death. To have any legal effect, however, the will-maker’s family, beneficiaries, and personal representatives, along with the probate court, need to implement the will provisions. To buttress the strength of the will, the language of the will is […]

Haim Abraham, ‘Tort Liability for Belligerent Wrongs’

ABSTRACT Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in […]

Steve Hedley, ‘The Unacknowledged Revolution in Liability for Negligence’

ABSTRACT Wide availability of insurance today makes nonsense of most of tort’s traditional justifications. No longer can it punish or deter wrongs, or deal even-handedly between claimant and defendant: the defendant simply drops out of the picture in favour of their employer or insurer. Tort therefore merely compensates, though theorists are reluctant to concede this. […]

Mark Geistfeld, ‘The Law and Economics of Tort Liability for Human Rights Violations in Global Supply Chains’

ABSTRACT The human rights of foreign workers in global supply chains are routinely violated, yet the problem so far has largely evaded a legal solution. Economic analysis shows why domestic tort liability can partially address this problem. Many consumers in developed countries have a lower willingness-to-pay for products produced by global supply chains that systemically […]

Jonathan Gilligan, ‘Carrots and Sticks in Private Climate Governance’

ABSTRACT When public governance fails to address important environmental threats – such as climate change – private governance by firms, not-for-profits, individuals, and households can produce significant reductions in greenhouse gas emissions. Private governance can take the form of either a carrot or a stick, using incentives or punishments. Shareholder activism as a form of […]