Monthly Archives: January, 2020

Israel Gilead, ‘Simplifying the Complexities of Negligence Law – A Joint Academic/Judicial Proposal’

ABSTRACT Over a century, common law judges, academics, and practitioners have struggled with the complexities of negligence law. All agree that negligence liability is imposed on a defendant whose unreasonable conduct caused foreseeable harm to the plaintiff, and who owed a duty of care to the plaintiff. But views differ considerably as to the meaning […]

Verbruggen and Kryla-Cudna, ‘The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA

ABSTRACT In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required […]

Vansweevelt, Lierman and Buelens, ‘No-fault Law on Medical Accidents in Belgium: An Evaluation after Six Years’

ABSTRACT After many years of criticism of the medical malpractice system based on negligence, Belgium introduced a law on medical accidents in March 2010. This law created a Medical Accidents Fund. Under this two-track system the victim of a medical accident has the choice to file a claim before the court or to seek compensation […]

Just Published: Charles Haward Soper, Commercial Expectations and Cooperation in Symbiotic Contracts A Legal and Empirical Analysis

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts. The possibility of aligning these expectations with the law is considered from the […]

Daniel Sokol, ‘Rethinking the Efficiency of the Common Law’

ABSTRACT This Article shows how Posner and other scholars who claimed that common law was efficient misunderstood the structure of common law. If common law was more efficient, there would have been a noticeable push across most, if not all, doctrines to greater efficiency. This has not been the case. Rather, common law, better recast […]

‘White Paper on Smart Derivatives Contract’

“Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing […]

Coe and Brown, ‘What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights’

ABSTRACT This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting […]

Mark Lunney, ‘Common Law Codification: Lessons and Warnings from Twenty-First Century Australia’

ABSTRACT Codification of tort law is a rare phenomenon in the common law world. However, building on earlier precedents, in the early 2000s, Australian jurisdictions embarked on a project of placing important general principles of negligence law into legislation. This article considers these provisions and argues that they can be considered as an attempt to […]

Chris Dent, ‘The Introduction of Duty into English Law and the Development of the Legal Subject’

ABSTRACT ‘Duty’ is a term that is used in several areas of the law – notably the ‘duty of care’ and ‘fiduciary duty’. This article considers the introduction of the term ‘duty’ itself to the law, before it became part of the compound terms. In order to do so, the article surveys a range of […]

Elettra Bietti, ‘Consent as a Free Pass: Platform Power and the Limits of the Informational Turn’

ABSTRACT Across the United States and Europe, notice and consent, the act of clicking that ‘I have read and agree’ to a platform’s terms of service, is the central device for legitimating and enabling platforms’ data processing, acting as a free pass for a variety of intrusive activities which include profiling and behavioral advertising. Notwithstanding […]