Category Archives: Contract

Obar and Magalashvili, ‘The Clickwrap as Platform Governance: Assessing the Frequency of Manipulative Interface Designs During Digital Service Sign-Up’

ABSTRACT A clickwrap is a set of digital, on-screen prompts designed to facilitate online consent processes for digital services. The findings of this quantitative content analysis of clickwraps (n=50) suggest that it is a common user-interface feature during digital service sign-up. Furthermore, results identify similarities across the sample of social media, e-commerce, and brick-and-mortar services […]

Ming Ren Tan, ‘Contractual Variations: Long Live The Doctrine Of Consideration?’

“In the realm of contract law, the doctrine of consideration has fascinated many for centuries and has unsurprisingly generated a wealth of commentary. While the doctrine has withstood the test of time in so far as the formation of contracts is concerned, serious doubts have been cast over its continued ‘reign’ in the context of […]

William Day, ‘Applicable Law and Arbitration Agreements’

“In Enka Insaat ve Sanayi AS v OOO ‘Insurance Company Chubb’ [2020] UKSC 38 the Supreme Court considered what law applies to arbitration agreements. The claim concerned a fire at a power plant in Russia. Chubb, the insurer, paid out to the owner, subrogated to its rights, and brought a claim in the Moscow court […]

Zoe Adams, ‘One Step Forwards For Employment Status, Still Some Way To Go: The Supreme Court’s Decision In Uber v Aslam Under Scrutiny’

“In what was perhaps the most anticipated employment law decision of the past decade, the Supreme Court in Uber v Aslam [2021] UKSC 5 has confirmed that the claimant drivers for ride-hailing firm Uber are workers for the purposes of the Employment Rights Act (1999) (ERA), the Working Time Regulations (1998) (WTR), and the National […]

Jeffrey Lipshaw, ‘Between Rights and Rites: The Ironies of Crisis and Contract’

ABSTRACT This is a contribution to the Law and Contemporary Problems symposium issue, ‘Contract in Crisis’, reflecting on contract law and the COVID-19 pandemic. Is the institution of contract law in crisis? Contract and other rights are an institution of the Gesellschaft, the sociologist Ferdinand Tönnies’s metaphor for modern society. There entitlements reify in abstract […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

Herbert Lazerow, ‘Uniform Interpretation of CISG’

ABSTRACT This UN Convention on Contracts for the International Sale of Goods (CISG) has been U.S. law for a generation and requires that it be interpreted ‘to promote uniformity in its application’. This article argues that uniform interpretation is impractical because 1) it is written in six official languages which do not always mean the […]

Jordan, Narasimhan and Hong, ‘Deficiencies in the Disclosures of Privacy Policies’

ABSTRACT Development of a comprehensive legal privacy framework in the United States should be based on identification of the common deficiencies of privacy policies. We attempt to delineate deficiencies by critically analyzing the privacy policies of mobile apps, application suites, social networks, Internet Service Providers, and Internet-of-Things devices. Whereas many studies have examined readability of […]

Gregory Klass, ‘Arthur Linton Corbin’

ABSTRACT This chapter on Arthur Linton Corbin will appear in the forthcoming collection, Scholars of Contract Law. The chapter provides a brief summary of Corbin’s life, then discusses five topics: Corbin’s Socratic approach to the classroom and his introduction of the caselaw method at Yale; Corbin’s analytic approach, which was inspired by Hohfeld and is […]

Zihao Li, ‘Standardisation of Blockchain and Distributed Ledger Technologies – A Legal Voice from the Data Protection Law Perspective’

ABSTRACT Blockchain has led to a new way of storing data and guaranteeing data integrity and transparency. However, tensions still remain between blockchain and the current legal system, especially data protection law. This paper chooses the General Data Protection Regulation (GDPR) in the European Union to identify how blockchain can be compatible with the principles […]