Category Archives: Contract

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 […]

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 […]

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 […]

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 […]

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 […]

Tamara Buckwold, ‘The Conceptual Structure of Commercial Law’

ABSTRACT This article argues that commercial law is not merely a collection of rules, but a doctrinally coherent and conceptually sophisticated body of law structured through conceptions of property. The analysis focuses specifically on the aspects of commercial law that govern recovery of debt. The argument advances two related themes; that commercial law is built […]

‘Many Judges Are Bad at Textual Interpretation. What Do We Do About It?’

“The legal profession is afflicted by systemic problems, some urgent, some chronic. But here’s one you might not be aware of: it appears that many judges are ill-equipped to perform basic textual interpretation. Such a generalization has to be grounded in specifics, so let’s look at a recent opinion issued by the Minnesota Court of […]

Thomas and Barber, ‘Contractual Interpretation, Registered Documents and Third Party Effects’

ABSTRACT This article considers whether extrinsic material should be available in interpreting registered documents when these may be contractual in nature or relate to contractual agreements. Many registers, for example the current scheme for recording land title, are intended to facilitate the reliance of third parties on their content, an objective that suggests that extrinsic […]