Author Archives: Steve Hedley

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 […]

‘“Love is in the air” case: a missed opportunity to enforce moral rights in Australia’

“On 24 April 2020, the Federal Court of Australia handed down a decision in the case Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 which concerned the copying of substantial parts of the iconic Australian pop-hit classic ‘Love is in the air’ by the US band, Glass Candy, and by the French airline […]

Albrecht Cordes, ‘Conflicts in 13th Century Maritime Law: A Comparison between five European Ports’

ABSTRACT Almost simultaneously, at the end of the 13th century, maritime laws were being written down all around Europe. This invites a synchronic comparative study. This paper compares three areas of maritime law of varying levels of abstraction: jettison, seamen’s labour law, and common decision-making before and during the voyage. The outcome, as in any […]

Michiel Poesen, ‘Concurrent liabilities and jurisdiction over individual contracts of employment under the Brussels Ia Regulation’

ABSTRACT This article sets out to map the different tests, and their corresponding theoretical foundations, used for determining whether the employment section of the Brussels Ia Regulation applies to concurrent liabilities. Thereby it will explicate the often unspoken theories that inform seemingly straightforward approaches to characterisation on which the applicability of the employment section to […]

‘The Function of University Waivers’

“Yesterday, Jeremy posted about university liability waivers. I have written about the differences between notices and contracts in the past, and am in the middle of writing another article on the topic, and so found this issue particularly interesting. Generally, I am not a fan of liability waivers because they tend to be hidden in […]

John Inazu, ‘Beyond Unreasonable’

ABSTRACT The concept of ‘reasonableness’ permeates the law: the ‘reasonable person’ determines the outcome of torts and contracts disputes, the criminal burden of proof requires factfinders to conclude ‘beyond a reasonable doubt’; claims of self-defense succeed or fail on reasonableness determinations But as any first-year law student can attest, the line between reasonable and unreasonable […]

Shetty and Budihal, ‘Force Majeure, Frustration and Impossibility: A Qualitative Empirical Analysis’

ABSTRACT A concluded contract may be rendered incapable of performance for a variety of reasons. The incapability of performance raises a variety of important legal questions: Is the claim of incapability acceptable to the counterparty? If not, does the claim meet the standards of force majeure and/or frustration? Does the contract between the parties address […]