Monthly Archives: June, 2024
Bram Akkermans, ‘Obligations in Resilient Property Theory – Using single system analysis to construe positive obligations’
ABSTRACT The law of property plays a fundamental role in our society. Based on the fundamental principles of freedom of ownership and free circulation of goods, property law long played a facilitating role for the construction of the market. The increased importance of the state has also meant that there are many more regulatory aspects […]
Calderón Gómez, Talisse and Weymark, ‘Market Virtues and Respect for Human Dignity’
ABSTRACT Luigino Bruni and Robert Sugden have provided a normative defense of markets from a virtue ethics perspective. They interpret market exchange as being a practice in the sense of Alasdair MacIntyre. For Bruni and Sugden, the telos of a market is mutual benefit and a market virtue is a character trait or disposition that […]
Clark and Sourdin, ‘Views from the Coal Face: the Development of International Commercial Mediation’
ABSTRACT Mediation use in the international commercial area has been the subject of some research and discussion over the past two decades. In the past five years however a number of significant changes have resulted in an increased focus on the use of mediation to resolve international commercial disputes. One significant area of potential change […]
Kristina Acri née Lybecker, ‘Injunctive Relief in Patent Cases: the Impact of eBay’
ABSTRACT The US Supreme Court’s 2006 decision on eBay Inc vs MercExchange LLC marked a turning point in the history of patent enforcement and policy. Prior to 2006, the legal community perceived that when lower courts faced patent infringement cases they frequently granted injunctions, almost as a matter of course to those who sought them. […]
Hugh Evans, ‘The scope of duty and purpose’
INTRODUCTION The scope of duty principle has had a torrid history ever since its creation by Lord Hoffmann in York Montague v South Australia Asset Management Corp. It has produced all sorts of difficulties which have had to be addressed by the Courts, and practitioners have not found it easy to apply in practice in […]
Matthew Dylag, ‘Crowdsourcing Justice’
ABSTRACT Social media has become ubiquitous in the daily lives of Canadians. It is not surprising, therefore, that individuals are also turning to social media to help resolve their legal problems. This crowdsourcing of legal services raises numerous issues that warrant further examination. From a professional and regulatory perspective there are legitimate concerns about the […]
Eva Micheler, ‘Separate Legal Personality – An Explanation and a Defence’
ABSTRACT Some 10 years ago the Supreme Court redefined the doctrine of veil piercing. Before Prest v Petrodel the position was that there existed a doctrine justifying the ‘disregard’ of the company’s separate legal personality. Now the doctrine has been redefined into concealment and evasion, neither of which involve ‘disregarding’ the corporate veil. The article […]
Rachel Leow, ‘A Principal’s Liability for the Wrongful Acts of its Agents’
ABSTRACT When and why is a principle liable for the wrongful acts of its agents? This question has garnered many responses amongst academic writers, sometimes quite different ones. Nor does the case-law speak with one voice. This paper aims to explain why there is such a diversity of answers and to bring to the fore […]
‘Life-changing consequences as detriment in proprietary estoppel: Winter v Winter’
INTRODUCTION Is there detriment if a parent promises their child that they will inherit the family business if the child works in the business for the rest of the parent’s life and the child does so? Is there only detriment if the child is able to demonstrate some specifiable alternative opportunities or reasonably likely ‘alternative […]
Call for Papers: ‘Digital Vulnerability in European Private Law’, University of Trieste, April 2025
Building on previous findings, the third conference will take for granted that many people, if not all, are vulnerable in the digital world. The questions we will discuss at the conference therefore are: what can be done? How can digital vulnerability be remedied? What measures can be adopted, ex ante or ex post, to avoid […]