Monthly Archives: November, 2019

Wilthagen and Schoots, ‘Building TrusTee: The World’s Most Trusted Robot’

ABSTRACT This essay explores the requirements for building trustworthy robots and artificial intelligence by drawing from various scientific disciplines and taking human values as the starting-point. It also presents a research and impact agenda. Wilthagen, Ton and Schoots, Marieke, Building TrusTee: The World’s Most Trusted Robot (November 14, 2019).

‘Enjoy the Little Things’

Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019). According to Columbus, the protagonist of Zombieland (2009), ‘enjoy the little things’ is Rule #32 for surviving a zombie apocalypse. Professor Emily Kadens’ Cheating Pays explores the darker side of enjoying the little things against the backdrop of the 1622 trial of a London grocer, […]

Achas Burin, ‘The positive duty of prevention in the common law and the Convention’

ABSTRACT Twenty years after the Human Rights Act 1998 came into force, where are we in our understanding of the relationship between tort and human rights? This paper argues that we are not as far along in our understanding as we could be. The reason for that has been the methodology we used to understand […]

Rónán Condon, ‘After Law Society v MIBI: Contextualism and Contracting in Irish Contract Law’

INTRODUCTION … In Law Society v MIBI and Greene v IRBC, two recent Supreme Court judgments, the Court stated that interpretation should not rest solely on ‘internal linguistic considerations’, and instead expounded a contextualist default legal position. However, while the Court has endorsed the modern approach to interpretation, the different opinions and judgments equivocate on […]

Nick Sage, ‘Contractual Liability and the Theory of Contract Law’

INTRODUCTION … This article seeks to contribute to our understanding of contractual liability and to the ongoing debate about the relative merits of some of today’s leading contract theories. The article first considers the existing theories of contractual liability. It concludes that the Holmesian, instrumental and voluntarist accounts all suffer from similar difficulties. The rights-based […]

Derek Whayman, ‘The Rectification (and Construction) of Computer-Generated Documents’

INTRODUCTION This article is a fresh consideration of the courts’ powers to construe or rectify defective written instruments, specifically where they are assembled by computer program (‘document assembly’ or ‘computer-generation’). This is where the computer takes instructions from a client – usually via a web form – and generates the document through a serious of […]

Ooi and Peng, ‘Cryptocurrencies and Code Before the Courts’

INTRODUCTION In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (‘B2C2’) 1 may serve as a timely reminder of the importance of the legal principles supporting e-commerce […]

Adarsh Vijayakumaran, ‘Legally Blocked: The Evolution and Legality of Smart Contracts’

ABSTRACT India is undergoing a revolutionary period concerning, both its constitution and its legislative jurisprudence. At a time of this ascending transcendence, it would only be naïve, to not take note of the technological innovation and digital transformation that has immersed itself into the legal arena. An area of interest which would significantly prove its […]

Michael Müller, ‘Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU’

ABSTRACT The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of […]

Mann v Paterson Constructions Pty Ltd

“A majority of the High Court has allowed an appeal from the Victorian Court of Appeal, holding that a builder was entitled to sue for restitution upon a quantum meruit in relation to a terminated building contract insofar as that stage of the contract was not completed, but otherwise, a quantum meruit could not be […]