Category Archives: Contract

Marcus Moore, ‘The HMCS Unconscionability: adrift in the Atlantic – Uber Technologies v Heller 2020 SCC 16′

ABSTRACT This paper traces the Canadian doctrine of unconscionability’s distant voyage in Uber Technologies v Heller 2020 SCC 16 from the familiar waters of the English ‘unconscionable bargains’ family of doctrines, found in various common law jurisdictions. Since the 19th century, those jurisdictions had included Canada. However, in this important decision of the Supreme Court […]

William Clayton, ‘High-End Bargaining Problems’

ABSTRACT Traditional law and economics theory places great confidence in the ability of contracting parties to bargain for optimal contracts, and the law reflects this confidence in many important ways. In this Article, I question the wisdom of a formalistic faith in bargaining by uncovering flaws in the bargaining process at the high end of […]

Charles Lincoln, ‘The Contractual and Tax Implications of The Phantom of the Opera

ABSTRACT The substantive story of Gaston Leroux’s The Phantom of the Opera (Le Fantôme de l’Opéra) is largely about contract analysis and whether the managers and ‘the phantom’ have had a ‘meeting of the minds’ – consensus ad idem. The question is whether the Phantom and the Managers reached a ‘meeting of the minds’ or manifested […]

‘Nate Oman on Contracts, Markets, and Liberalism’

“Nate Oman is a Professor of Law at William and Mary Law School. Nate has written extensively about contract theory and law and religion, and he is the author of several articles and books, including The Dignity of Commerce, published in 2016 by the Chicago University Press. In this episode, we talk about his work […]

Pauline Bomball, ‘Contractual Autonomy and Public Policy in Australian Labour Law’

ABSTRACT Recent changes in the nature of work relationships have drawn into sharp focus the way that employing entities may disguise employees as independent contractors and thereby remove those employees from the protective domain of labour law. In many cases, the avoidance of labour statutes is facilitated by the use of contractual terms that disclaim […]

‘Rights of third party guarantors in payment services transactions – the CJEU in C-337/20 CRCAM

“Last month the CJEU delivered another judgment on the interpretation of payment services rules. Case C-337/20 DM, LR v Casisse régionale de Crédit agricole mutuel (CRCAM)-Alpes-Provence tackles an interesting and highly important question of concurrent liability based on special and general legal rules …” (more) [Andrea Fejős, Recent developments in European Consumer Law, 20 October]

‘New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45′

“On appeal from: [2020] EWCA Civ 996. The Supreme Court dismissed the appeal. In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they […]

Moerland and Kafrouni, ‘Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?’

ABSTRACT The debate on how artificial intelligence (AI) influences intellectual property protection has so far mainly focussed on its effects for patent and copyright protection. Not much attention has been paid to the effects of artificial intelligence technology for trade mark law. In particular, what has not yet been sufficiently investigated is the question as […]

Negotiation-Based Choice of Law Rule For Contract Formation Event: Webinar, 10 November 2021

“What law should govern the formation of international contracts? Common law courts have long been fixated on two choices – the putative proper law or the law of the forum – despite those choices being consistently criticised for perpetuating logical circularity and forum shopping respectively. This lecture dissects and critiques Mance LJ’s judgment in Solomon […]

Van Acker and Claes, ‘Covid-19 and Consumer Law – The Belgian Response’

The global Covid-19 pandemic and its resulting emergency measures have had far-reaching implications for Belgian citizens. Even though Belgian consumer law is usually well able to deal with crises, it was not designed for crises as disruptive as this pandemic. Consequently, temporary adjustments were found to be necessary to protect consumer interests. The following contribution […]