Monthly Archives: December, 2024
Lopez Rodriguez Ana Mercedes, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Sowter and Koshan, ‘“Weaponizing” The Tort of Family Violence? Myths, Stereotypes, Lawyers’ Ethics and Access to Justice’
ABSTRACT Intimate partner violence (‘IPV’) causes myriad and gendered harms, but Canadian law has inconsistently provided avenues of economic redress. Although tort law has evolved to allow IPV survivors to seek compensation, tort-based remedies are sought rarely and largely limited to intentional torts such as assault, battery, and the intentional infliction of emotional distress. These […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Sandeepa Bhat, ‘Contractual Aspects In Private Commercial Space Ventures’
ABSTRACT Contract law has tremendous significance in the modern day commercial space activities. Since international space law developed primarily in the era of state oriented space activities, it has failed to address the manifold legal issues arising out of private commercial space ventures. The much expected national laws to regulate private space activities have also […]
Weng and Yang, ‘The Blockchain Surplus’
ABSTRACT Blockchain permits immutable and total record-keeping in smart contracts. This can generate an economic surplus for all parties in our model of moral hazard where a longlived agent provides a service to a sequence of short-lived customers. Under traditional contracting, the agent treats all customers independently with a single static contract. The blockchain, by […]
Tort Law Day 2024 (video)
“Welcome everyone, welcome to the American Museum of Tort Law. My name is Melissa Bird, and I am the executive director of the museum. The American Museum of Tort Law is located in Winsted Connecticut, and dedicated to educating the public about the concept of tort law and its role in American society …” (more) […]
Juan Diaz-Granados, ‘Exclusive Possession, “Contractualisation” and the Lease-Licence Dichotomy: A Reconsideration of Legal Categorisation in the Airbnb Era’
ABSTRACT Airbnb is one of the most disruptive companies in the ‘Sharing Economy’. Its business model is built upon a triangular structure of legal relationships that remains poorly understood and inadequately analysed in terms of legal classification. This article examines the issue of legal categorisation vis-à-vis the relationship between the Airbnb host and the Airbnb […]
‘Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court’
For many legal practitioners, the thought of a visual contract is terrifying. After all, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white […]
Call for Papers: ‘Protecting the Digital Consumer in Asia’, Chinese University of Hong Kong, 16 May 2025
As digital platforms, services and applications are becoming indispensable for everyday life, ensuring that consumers are adequately protected is more critical than ever. This conference aims to bring together legal scholars, practitioners and others to discuss emerging trends of consumer protection law across Asia and beyond. With a focus on private law, we seek to […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]