Author Archives: Steve Hedley

Larry DiMatteo, Review of Isabel Zuloaga, Reliance in the Breaking‐Off of Contractual Negotiations: Trust and Expectation in a Comparative Perspective

Isabel Zuloaga, Reliance in the Breaking-Off of Contractual Negotiations: Trust and Expectation in a Comparative Perspective, Cambridge, Intersentia, 2019, xxxviii + 254 pp, hb, €69. The title accurately describes the content of the book – a focused comparative analysis of one area of precontractual liability (breaking-off negotiations), albeit an important and controversial one. The book […]

Matthew Collings, ‘The duties of a resulting trustee’

ABSTRACT The precise duties surrounding express trusts have caused issues enough (as we explore in this journal) – but what of the duties of resulting trustees? They have been considered in the authorities, and have been the subject of academic commentary, but have nevertheless remained somewhat opaque. A recent judgment in the Court of Appeal […]

Enrico Rossi, ‘Reconsidering the Dual Nature of Property Rights: Personal Property and Capital in the Law and Economics of Property Rights’

ABSTRACT In the last two decades, a renewed interest in property rights have challenged the accepted interpretation of property rights as ‘bundle of rights’ over the use of things and have rehabilitated the old classical interpretation of property rights as exclusive (absolute) dominium over things rooted in the right to exclude. This paper provides a […]

Pavlos Eleftheriadis, ‘Corrective Justice Among States’

ABSTRACT The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress […]

Berry v CCL Secure Ltd

“The High Court has unanimously allowed an appeal against part of a judgment of the Full Federal Court of Australia, holding that in a case where a defendant had terminated an agreement by deceptive means, the balance of probabilities showed that the defendant would not have used lawful means. The burden of proof thus shifted […]

‘Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility’

“In the Texas Court of Appeals case, Ramirez v Rodriguez, three co-trustees used a fourth trustee to have him removed ‘due to his hostile actions: he has engaged in a pattern of creating hostility and friction that impeded and/or affects the operations of the trust’. The fourth trustee (defendant) moved to dismiss the suit, however, […]

Marex Financial Ltd v Sevilleja: Some Commentary in Response to Paul Davies’s Blog Contribution’

“Paul L Davies’s blog piece on Marex Financial Ltd v Sevilleja [2020] UKSC 31; [2020] 3 WLR 255, concerned with the intractable topic of ‘reflective loss’ claims is, with respect, a model of clarity. He favours the majority view in that case, found in the judgments of Lord Reed and Lord Hodge, namely that where […]

Rob Batty, ‘Is it Bad Faith to Apply for a Trade Mark You Don’t Intend to Use?’

ABSTRACT European trade mark law appears to have a growing influence on the interpretation of New Zealand’s Trade Marks Act 2002 (2002 Act). As such, the recent decision of the Court of Justice of the European Union (CJEU) in Sky Plc v SkyKick will be of significant interest. This article outlines the context of the […]

‘Justice as a Virtue’

“The notion of justice as a virtue began in reference to a trait of individuals, and to some extent remains so, even if today we often conceive the justice of individuals as having some (grounding) reference to social justice. But from the start, the focus on justice as a virtue faced pressures to diffuse, in […]

Just Published: Contract Law and the Legislature (Arvind and Steele eds)

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to […]