Category Archives: Contract

Jonas-Sébastien Beaudry, ‘Disability and Contractual Expectations’

ABSTRACT This is a précis of the forthcoming book, The Disabled Contract: Severe Intellectual Disability, Justice and Morality. It examines how people with severe intellectual disabilities (PSID) fare within the social contract tradition. More specifically, it contends that even recent strategies that attempted to integrate disability within the realm of contractual justice and morality are […]

Zhong Xing Tan, ‘The prospects for pluralism in contract theory’

ABSTRACT This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and […]

‘Not by Contract Alone: The Contractarian Theory of the Corporation and the Paradox of Implied Terms’

“The contractarian theory of the corporation holds that a business corporation is a creature of contract and, more specifically, a nexus of incomplete contracts between directors, shareholders, employees, suppliers, customers and other parties (see here). This draws attention to the express or implied consent of all the participants and suggests that the role of corporate […]

Pauline Bomball, ‘Vicarious Liability, Entrepreneurship and the Concept of Employment at Common Law’

ABSTRACT The concept of employment at common law serves as a gateway to a wide range of statutory labour rights in Australia. Despite its significance in labour law and its frequent invocation before the courts, the concept remains the subject of significant contestation. A major point of disagreement concerns the notion of entrepreneurship. In some […]

Douglas Richmond, ‘Using Extrinsic Evidence to Excuse a Liability Insurer’s Duty to Defend’

ABSTRACT Most Americans and American businesses purchase liability insurance to protect against financial loss should they ever be sued. In furnishing this protection, liability insurers contractually promise policyholders that they will defend them against lawsuits seeking covered damages and indemnify them for such damages up to the policy limits. As important as the insurer’s promise […]

Peet and Gutierrez, ‘Risks and Liabilities in Sharing Economy Interactions: Does Data Help or Harm?’

ABSTRACT Sharing economy platforms utilize technology to facilitate transactions between consumers and providers. They attempt to limit the risk inherent to commercial transactions between unknown peers by harnessing the data collected on each party. However, the novelty of the sharing economy may introduce risks and liability uncertainties to participants. Our research contributes to this nascent […]

Derek Whayman, ‘The modern rule of releases’

ABSTRACT This paper considers the history and nature of the ‘modern rule of releases’, concerning compromises to settle or preclude litigation. The rule holds that only matters the parties had contemplated as well as what they intended to release will in fact be released, even if the compromise has been made in the most general […]

‘New ABA Model Contract Clauses’

“As regular readers of the blog know, my passion is business and human rights, particularly related to supply chain due diligence and disclosure. The ABA has just released thirty-three model clauses based on the United Nations Guiding Principles on Business and Human Rights, and the OECD Due Diligence Guidance for Responsible Business Conduct. The ABA […]

Kish Parella, ‘Contractual Stakeholderism’

ABSTRACT In 2019, the Business Roundtable announced its commitment to all corporate stakeholders – consumers, employees, suppliers, and communities – and not only shareholders. This announcement has re-awakened an old debate over corporate social responsibility. ‘Stakeholderism advocates’ argue that corporate leaders must take into account the interests of the various stakeholders impacted by corporate decision-making. […]

‘Restraint of Trade: Nothing retro about restrictive covenants as retailer gets shirty over losses’

“Following breach of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s refusal to renew a retail licence: Score Draw v PNH International. Score Draw were a licensed retailer of retro football shirts for Liverpool FC …” (more) [Tom Lort, Compact Contract, 9 […]