Monthly Archives: July, 2024
David Wilde, ‘Executory trusts: the scope for their creation (including within fundraising appeals)’
ABSTRACT This article seeks to explain what is meant by an ‘executory trust’. It argues that widely cited case law, suggesting an executory trust is only valid if it includes a highly detailed explanation of the intended final trust, is inconsistent with the weight of authority overall and may be wrong. And it argues that […]
Henry Gabriel, ‘The concept and necessity of “control” in the use of emerging technologies in commercial transactions’
ABSTRACT An understanding of the concept of ‘control’ is essential to understand recent developments in commercial law. This article charts the history of ‘control’, the need for this concept in contemporary commercial law, why ‘control’ is not the electronic equivalent of ‘possession’, and the necessary recent and future developments of this concept. € (Oxford UP) […]
Jiabin Lai, ‘Cryptoassets: goods, services, digital content, or a sui generis category?’
ABSTRACT The proliferation of cryptoassets raises the question of whether they are goods, services, digital content or something else under English sale and related consumer protection laws. Cryptoassets are not goods because they are not tangible and are not stored on any tangible medium. They are not services because they are not activities but property. […]
Roger Derrington, ‘Snark Hunting: A Search for Tracing’s Underlying Rationale’
ABSTRACT The underlying rationale for tracing in equity is a much-debated topic and has seemingly resulted in more theories than there are commentators. For a relatively minor area of the law, it has attracted substantially more than its fair share of attention from academic theorists, each of whom vie to include it as part of […]
Sirko Harder, ‘The Territorial Scope of Australia’s Unfair Contract Terms Provisions’
ABSTRACT Section 23 of the Australian Consumer Law, which is sch 2 of the Competition and Consumer Act 2010 (Cth), invalidates unfair terms in particular types of contract. Section 5(1) of the Act extends the application of the Australian Consumer Law to conduct outside Australia by (among others) corporations carrying on business within Australia. In […]
Patrick Parkinson, ‘The Constitutional Constraints on Altering Property Rights After Relationship Breakdown’
ABSTRACT Section 79(2) of the Family Law Act 1975 (Cth) provides that the court shall not make an order altering property rights unless it is just and equitable to do so. This article argues that s 79(2) is required by the constitutional foundations upon which the power to alter property rights rests. The discretion of […]
Lemley and Holmes, ‘Authoring While Dead’
ABSTRACT Bob Marley died in 1981. But he wrote a song in 2017 with The Killers. At least, that’s what the song credits say. Why? Because The Killers’ song included the two words ‘redemption songs’, the title of a classic Bob Marley hit. Rather than fight, The Killers agreed to add Marley as a co-author. […]
Peter Kutner, ‘Truth in the Law of Defamation’
ABSTRACT This article identifies and examines important aspects of truth as a defence to defamation liability in common law and ‘mixed’ legal systems. These include the fundamental issue of what must be true to establish the defence, whether the defendant continues to have the burden of proving that a defamatory communication is true, the condition […]
Shyamkrishna Balganesh, ‘Interactional Ordering: Reconstructing Lon Fuller’s Theory of Private Law’
ABSTRACT While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed a robust […]
Griffin, Laskowski and Thumma, ‘How to Harness AI for Justice: A Preliminary Agenda for Using Generative AI to Improve Access to Justice’
ABSTRACT This article highlights the extraordinary potential of generative artificial intelligence (AI) and the extraordinary risks it poses in the context of promoting access to justice. Here, ‘access to justice’ means any practice that helps litigants, especially in the nation’s civil courts, resolve their legal matters with minimal or no formal attorney representation. It also […]