Monthly Archives: August, 2019

Mark Leeming, ‘Fusion – Fission – Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824-1972’

ABSTRACT The very idea of a ‘fusion fallacy’ and the central importance of the effect of the Judicature legislation upon common law and equity is associated with New South Wales. Yet the Supreme Court of New South Wales was constituted in 1824 as a single court with broad jurisdiction at common law and in equity. […]

Mills and Harclerode, ‘Privacy, Mass Intrusion and the Modern Data Breach’

ABSTRACT Massive data breaches have practically become a daily occurrence. These breaches reveal intrusive private information about individuals, as well as priceless corporate secrets. Ashley Madison’s breach ruined lives and resulted in suicides. The HSBC breach, accomplished by one of their own, revealed valuable commercial information about the bank and personal information about HSBC customers. […]

‘On economic analysis of IP law: an interview with professor Tom Cotter’

“This Kat just returned from vacationing in beautiful Minnesota where he enjoyed open water swimming, fried cheese curds and … a conversation on the law & economics of IP with Professor Tom Cotter. Cotter’s recent books include Comparative Patent Remedies (2013) and Patent Wars: How Patents Impact our Daily Lives (2018). He runs the Comparative […]

Bisping and Dodsworth, ‘Consumer Protection and the Regulation of Mobile Phone Contracts: A Study of Automatically Renewable Long-Term Contracts Across Jurisdictions’

ABSTRACT This article deconstructs mobile phone contracts as an example of long-term contractual relations in four jurisdictions to reveal that there are three elements which define consumer protection. The elements are contract duration, renewal of the agreement and unilateral modification. Each of these factors are regulated differently in each of the jurisdictions, but, assessed collectively, […]

‘Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd

“In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake …” (more) [Hardwicke, 12 August]

Chen Meng Lam, ‘Damages for Wrongful Fertilisation: Reliance on Policy Considerations’

ABSTRACT In what was described as ‘one of the most difficult cases’ that had come before it, the Singapore Court of Appeal in ACB v Thomson Medical Pte Ltd (‘ACB’) recognised, for the first time, the loss of genetic affinity as an independent head of loss that would allow a plaintiff to recover damages in […]

Cave and Purshouse, ‘Think of the Children: Liability for Non-Disclosure of Information Post-Montgomery

ABSTRACT In 2015, the Supreme Court in Montgomery v Lanarkshire Health Board handed down a landmark decision on informed consent to medical treatment, heralding a legal shift to a more patient-centred approach. Montgomery, and the extensive commentary that has followed, focuses on ‘adult persons of sound mind’. Cave and Purshouse consider the potential claims that […]

Sue-Mari Maass, ‘Property and “Human Flourishing”: A Reassessment in the Housing Framework’

ABSTRACT In South Africa, land/housing is a finite non-shareable type of property that must yield to stringent constitutional control to meet land reform and housing objectives, which is high on our constitutional agenda to redress injustices of the past and allow the previously dispossessed to take their rightful place in society. This article considers the […]

Samuel Yee Ching Leung, ‘Equity as a nest: the principle-based secret trusts’

ABSTRACT The fraud theory and the dehors the will theory are generally considered as the starting points for analysing secret trusts. However, both theories have been severely criticised. This article argues that the fraud theory is defensible from a jurisprudential perspective and should be preferred. Had a ‘principle-based’ approach been adopted in the analysis, secret […]

Mark Geistfeld, ‘Folk Tort Law’

ABSTRACT The standard of reasonable care is the most important example of a substantive tort obligation that is largely determined by folk law or the understanding that jurors as lay individuals have about the legal obligation. In order to be adequately determinate, the folk law of reasonable care must be based on a widely shared […]