Monthly Archives: April, 2020

Moore v Scenic Tours Pty Ltd

“The High Court of Australia unanimously allowed an appeal from the New South Wales Court of Appeal, holding that damages for disappointment and distress for breach of a holiday cruise tour contract were not precluded as damages for ‘personal injury’ by s 16(1) of the Civil Liability Act 2002 (NSW) …” (more) [Katy Barnett, Opinions […]

‘The Volkswagen (VW) emissions scandal – The saga continues: Now it’s the turn of the Netherlands, France and Belgium’

“Thanks to the entering into force of the Dutch Collective Redress of Mass Damages Act (Wet afwikkeling massaschade in collectieve actie, WAMCA) on 1 January 2020, there has been an increase in prospective litigation against Volkswagen in the Netherlands and other countries in Europe involving the Volkswagen emissions scandal (also known as Dieselgate) …” (more) […]

Hrafn Asgeirsson, ‘Authority, Communication, and Legal Content’

ABSTRACT Sample chapter from H Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by […]

J Lyn Entrikin, ‘Family Secrets and Relational Privacy: Protecting Not-So-Personal, Sensitive Information from Public Disclosure’

ABSTRACT This Article seeks to map contemporary relational privacy issues in the context of the evolving ‘right of privacy’ in the United States. Generally, the Article explains why the so-called ‘personal’ right of informational privacy, whatever its legal foundations, cannot be realistically confined to an individual right given the dramatic scientific and technological developments in […]

‘Nora Slonimsky on Colonial Copyright’

“In this episode, Nora Slonimsky, Gardiner Assistant Professor of History at Iona College, discusses her draft article ‘Oil, Elephant Bones, and an Act of Parliament: Mapping America’s Earliest Copyright Claim’. Slonimsky begins by explaining how copyright worked in 18th century England and colonial America. She describes the effort of one American mapmaker to claim a […]

‘“For every promise, there is a price to pay” Re-visiting the Doctrine of Proprietary Estoppel in Guest v Guest [2020] EWCA Civ 387′

“The basic ingredients for proprietary estoppel are well known, and many property practitioners would feel comfortable in spotting an estoppel when it has arisen. However, there is a shadowy question that is often avoided – assuming the estoppel is established, what is the actual result? After all, that is what the client will be most […]

‘Only natural persons can be consumers – CJEU in Condominio di Milano, via Meda (C-329/19)’

“On the 2nd of April 2020, the CJEU decided on the Condominio di Milano case. The case concerned the concept of consumer under the Unfair Terms Directive, regarding a contract between Condominio Meda (a commonhold association) and Eurothermo SpA (an energy supplier). The dispute originated in the duty to pay interest for late payment in […]

Sean O’Connor, ‘Distinguishing Different Kinds of Property in Patents and Copyrights’

ABSTRACT Academic debates over intellectual property as ‘property’ seem to assume only one kind of property. Based on original historical research, this Article shows that different kinds of property have accredited over time in at least patents and copyrights. A fundamental right to keep ideas, expressions, and inventions private established a natural law property-type right […]

Diana Sergeevna Fedotova, ‘Applying a specific contractual structure in favor of a third party to a passenger carriage contract’

ABSTRACT The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties […]

Arthur Laby, ‘Advisors as Fiduciaries’

ABSTRACT This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another. Yet, many advisors – such as lawyers, […]