Monthly Archives: April, 2024
Stephanie Jones, ‘Frustrating Times: Notes from the Field’
ABSTRACT Business Law Clinics’ involvement in advising Small and Medium Sized Enterprises (SMEs) reached an interesting crescendo during the pandemic as businesses were often left high and dry by business customers and suppliers who could or would not fulfil their contractual obligations. SMEs, often sole traders or limited companies with no business premises, found themselves […]
Barbara Steininger, ‘Art 4:201 PETL: Revisiting the Grey Areas between Fault-Based and Strict Liability’
ABSTRACT In 2005, the European Group on Tort Law (EGTL) published the text and commentary of its ‘Principles of European Tort Law’ (PETL). With art. 4:201, the PETL include a rule on the reversal of the burden of proving fault which is intended to cover the grey areas between fault-based and strict liability. Almost 18 […]
Diaz-Granados and Sheehy, ‘Power Imbalance in the Sharing Economy Platform Technologies: Potential Solutions from Contract Law’
ABSTRACT The so-called ‘Sharing Economy’, a business model based on the now ubiquitous technology of digital platforms, is a complex phenomenon from many perspectives, including the regulatory perspective. Companies such as Uber, Airbnb, and Menulog often do not fit into traditional legal categories and regulatory frameworks, creating both legal uncertainty and a power imbalance that […]
Gregory Mitchell, ‘Balancing Private and Public Interests in the Disclosure of Sexual Harassment Information’
ABSTRACT Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties resolve sexual assault and sexual harassment claims, and recently broad bans on the use of NDAs have been put in place. However, as shown by the original empirical research reported here, most members of […]
Raheel Ahmed, ‘The Influence of Reasonableness in Determining Delictual or Tort Liability for Emotional Distress or Mental Harm in American and French Law’
ABSTRACT American and French law, like South African law recognises claims for emotional or mental harm. Emotional, mental, or psychological harm was only recognised by the courts in the 1800’s and even though the mind and body in a sense is considered as a unit, these types of claims are not on par with claims […]
Ben Köhler, ‘Proportionality in Private Law: A Primer’
ABSTRACT Proportionality is a ubiquitous and yet elusive concept in law. An all-encompassing historical or genealogical account of proportionality in law goes well beyond the scope of this volume. Instead, we will focus on the more recent debates that proportionality has sparked across many jurisdictions and different areas of law. While the notion of proportionality […]
Hans and Robbennolt, ‘Tort Law Decision-Making: Psychological and Legal Perspectives’
ABSTRACT This chapter takes a psychological perspective on tort law decision-making, drawing on psychological theory, empirical research, and legal practices in tort litigation to assess the state of knowledge about decision-making in tort cases. It examines how plaintiffs decide to bring a lawsuit, how defendants respond, and the process of dispute resolution in tort cases. […]
Jeffrey Lipshaw, ‘A Law Professor’s Love-Hate Relationship with the Restatement (Second) of Contracts’
ABSTRACT This is one contract law professor’s reflection on his ambivalent relationship with the Restatement (Second) of Contracts. The Restatement’s great pedagogical benefit is that it handily compiles many problem-solving rules taught in the first-year contract law class. Well-crafted student answers use them to respond to the issues embedded in the exam question factual narrative. […]
Olivia Wogon, ‘Trademark Infringement After VIP Products v Jack Daniel’s: Is Imitation Really the Sincerest Form of Flattery?’
ABSTRACT Brands, and the trademarks that define them, now indicate much more than simply the source of a good. They represent a line of communication between producer and consumer, allowing the consumer to notify the producer of what they value, support, and desire. To do so successfully, however, trademarks require some level of protection. Setting […]
Ganesh Makam, ‘The Justification for Intellectual Property Rights’
ABSTRACT Modern societies rely heavily on intellectual property rights (IPRs) to foster innovation, creativity, and economic growth. Examining multiple ethical, economic, and societal perspectives, this paper seeks to provide a comprehensive study of the justification for intellectual property rights. This paper seeks to demonstrate the significance and legitimacy of IPRs in promoting innovation, encouraging investment, […]