Category Archives: Contract

Katarzyna Południak-Gierz, ‘Personalized agreement – a new contractual model’

ABSTRACT In consumer e-commerce, personalization of the content of an agreement in accordance with expectations, traits and circumstances of a particular person has become a common practice. In order to adequately address this new phenomenon, it is crucial to determine how the legal system should perceive consumer contracts concluded via the Internet with the use […]

Bernardo Cartoni, ‘COVID-19 and International Trade Contracts: Is COVID-19 Force Majeure?’

ABSTRACT COVID-19 pandemic has changed the world and our lives, many economic activities have been suspended; consequently, many contracts have not been performed or there was a delay in performance. This paper aims to analyse the impact of COVID-19 on international trade contracts; in particular, whether or not COVID-19 can be considered force majeure. After […]

‘Treating Cognitive Harms in Contract Seriously’

Jeffrey L Harrison, Duress and Undue Influence in Contract Law as Cognitive Trespass, 98 Nebraska Law Review 970 (2020). In this article, Jeffrey Harrison addresses the very real problem of contract law’s capacity to control wrongful conduct that deprives individuals of a meaningful ability to withhold consent. Specifically, for certain types of duress and undue […]

‘Parler’s Motion for a Temporary Restraining Order Against Amazon Denied’

“Nancy Kim posted last week about Parler’s lawsuit against Amazon Web Services (AWS) for, among other things, breach of contract. Nancy’s prediction was that Parler’s chance of winning on its breach of contract claim didn’t look good. Yesterday, US District Court Judge Barbara Jacobs Rothstein agreed, denying Parler’s motion for a temporary restraining order. On […]

Benoliel and Becher, ‘Termination Without Explanation Contracts’

ABSTRACT Firms routinely terminate their contractual relationship with consumers. During 2019-2020, for example, Facebook terminated 5.4 billion accounts that were supposedly fake; WhatsApp announced that it is terminating 2 million user accounts per month for apparently spreading fake news; and Discord, an online communication platform, terminated 5.2 million user accounts for allegedly publishing spam and […]

Rennie W, ‘The Tainting Doctrine in Singapore Conflict of Laws’

ABSTRACT In Singapore conflict of laws, the tainting doctrine applies where a contractual claim governed by Singapore law is not itself unenforceable for illegality or public policy, but is sufficiently connected to a transaction which is so unenforceable. However, the mechanism of this doctrine – as articulated in the English Court of Appeal decision of […]

Becher, Feldman and Furth, ‘Seductive Oral Deals’

ABSTRACT Legal scholars have devoted considerable attention to contractual design that exploits consumers’ vulnerabilities (‘the paper deal’). For example, scholars have cautioned against the inclusion of one-sided, exploitative, or unenforceable terms in standard form contracts, and proposed solutions to address these problems. However, scant attention has been given to the role of pre-contractual promises that […]

Adar and Becher, ‘Taking Boilerplate Seriously: Tackling Exploitation in Consumer Contracts’

ABSTRACT This Article calls for a conceptual shift toward the scrutiny of exploitative consumer standard form contracts. Current approaches to consumer standard form contracts assume that imbalanced and unfair terms can be adequately challenged by aggrieved consumers and effectively scrutinized by vigilant courts. Some even believe that market forces and reputational constraints can deter firms […]

‘Conditional payment clauses in the UK and Middle East’

“Managing and securing the cash flow of any business enterprise is of paramount importance, and contracting parties in the construction industry are no exception to this. If regular cashflow from the main contractor to its subcontractors and the supply chain is disrupted, parties to the project may soon find themselves in difficulty. The purpose of […]

‘Relief at Supreme Court judgment on business interruption insurance – but with a note of caution …’

“It has been a worrying and torrid time for many businesses over the past twelve months, not least those in the arts sector. Cancelled exhibitions, revenue loss, closed doors, and staff cuts have become an all too familiar story for many museums and galleries, forced to suspend business-as -usual in response to the Covid-19 pandemic. […]