Monthly Archives: August, 2024
Sopuruchukwu Anih, ‘The Effect of Trade Usages and Practices in International Contracts for the Sale of Goods’
ABSTRACT This paper is aimed towards analyzing the concept and effect of implementing trade usages and practices in international transactions for the sale of goods between private parties. The foundational legal framework for this study is the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG), particularly Article 9 which […]
‘Who knew? Or ought to have known?’
Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast. Ms Mann is the daughter of the assured shorthold tenant of the property […]
Peter Wills, ‘Care for Chatbots’
ABSTRACT Individuals will rely on language models (LMs) like ChatGPT to make decisions. Sometimes, due to that reliance, they will get hurt, have their property be damaged, or lose money. If the LM had been a person, they might sue the LM. But LMs are not persons. This paper analyses whom the individual could sue, […]
Ximena Benavides, ‘Beyond Patents: Resetting Medical Research Priorities with Grant Conditionalities’
ABSTRACT Almost all medical innovation originates in publicly funded research environments, yet most innovation prioritizes private commercial interests over and above public-health concerns. Decades of industrial policy choices have promoted patenting and licensing of government-backed research for privately developed innovation. Key amongst these were the National Institutes of Health (NIH) patent agreements that in the […]
Sui To Ng, ‘Classic Solution for a Modern Problem – Fixing the Household Exemption in European Data Protection Law with the Reasonableness Test’
ABSTRACT The current regime of the household exemption in European data protection law is flawed and should be reformed. This paper aims to argue that such a reform should be implemented by consistently applying a test of reasonableness. The focus on whether data processing activities are inherently purely personal or household in nature creates uncertainty […]
Frischmann and Vardi, ‘Better Digital Contracts’
ABSTRACT Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ever was reality, the rise of mass market contracts and boilerplate rendered it pure fiction. Modern contracts are incomprehensible to most people. No one reads them anyway. Digital contracting involves design features that amplify traditional boilerplate harms and create […]
Daniel Gilligan, ‘Damages and the “Essence” of False Imprisonment’
ABSTRACT In GE v Commissioner of An Garda Síochána, Ireland’s Supreme Court answered the following question: Can P recover substantial (rather than nominal) damages for false imprisonment where, had P not been unlawfully detained by D, P could and would have been lawfully detained by D for the same period, under identical conditions? This question […]
Charlotte Villiers, ‘Bridging the Gap Between Labour Law and Company Law: Wedderburn’s Legacy: An Appreciation’
ABSTRACT The paper surveys the extensive writings of the late Professor Lord Wedderburn and explores the interactions between company law and labour law. A set of case studies illustrates labour law’s relative weakness in the contemporary corporate law context. Whilst it does change over time, company law has largely remained consistent with its two fundamental […]
Martin Dixon, ‘Landlord and Tenant Law in Context’
ABSTRACT Reviews current landlord and tenant law issues, suggesting that the legal framework should not concentrate on the status of the person using the land but on the use they are making of it. Refers to Global 100 Ltd v Jimenez (CA) on the operation of property guardianship arrangements and potential reform of landlord and […]
Guillem Izquierdo Grau, ‘The Development Risks Defence in the Digital Age’
ABSTRACT One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow […]