Category Archives: Contract

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 […]

Recent Hart books – discount announcements

Smart Contracts: Technological, Business and Legal Perspectives edited by Marcelo Corrales Compagnucci, Mark Fenwick and Stefan Wrbka. June 2021, 9781509937028, 216pp. Discount Price: £68. New Directions in European Private Law, edited by Takis Tridimas and Mateja Durovic. June 2021, 9781509935611, 264pp. Discount Price: £68. Punishment and Private Law edited by Elise Bant, Wayne Courtney, James […]

John Coyle, ‘Boilerterms’

ABSTRACT Contract boilerplate generates many benefits for contract users. It also generates costs. In the past, reformers have attempted to mitigate these costs by drafting model contract language and urging contract users to incorporate this language into their agreements. This brief Essay argues in support of a different approach. It calls for replacing several standard […]

‘Feminist Judgments: Reece v Elliott

“… In today’s case, Reece v Elliott (Tenn Ct App 2006), Dean Browne C Lewis (below right) provides the commentary on which sets up her alternative opinion, in which she is joined by Elizabeth V Sparks. Bonnie and Eugene Reece signed an antenuptial agreement in which they agreed that their pre-marital property would be treated […]

‘On Courts, Exchanges, and Rights’

“Movements to challenge capitalism, or at least reform its worst excesses, have often exhibited a healthy skepticism about courts, preferring to place their faith in the more democratic branch of government, legislatures. (In our times of deadlocked legislatures and unbounded executives, nurturing such a faith is challenging indeed, but that is a different issue altogether.) […]