Category Archives: Contract

Erich Schanze, ‘Best Efforts in the Taxonomy of Obligation – The Case of the EU Vaccine Contracts’

ABSTRACT The purchase of Covid-19 vaccines by the EU Commission as agent for the Member States has caused substantial political discussion, including a lawsuit against the producer AstraZeneca in Brussels in 2021. The article looks at these purchase contracts as examples for a problematic use of ‘best efforts’ clauses in commercial contracting, considering some key […]

‘Contracts of Silence: How NDAs can silence victims and cover up wrongdoing’

“Traditionally used to protect trade secrets and proprietary information, non-disclosure agreements are now regularly found in employment contracts and settlement agreements of all kinds. But these agreements can also operate as oppressive contracts of silence – particularly when invoked to prevent victims of discrimination, harassment, or abuse from speaking out about their experiences. In this […]

‘Acknowledging Contract Law’s Contributions to Racial Inequities’

Danielle Kie Hart, ‘Contract Law and Racial Inequality: A Primer’, 21-05 Southwestern Law School Research Paper 1 (2021), available at SSRN. For nearly a year and a half, our country has been in the grips of a global pandemic. Covid-19 has exposed and exacerbated racial and economic inequities that have plagued our society for centuries. […]

‘Arrest of helicopter for unpaid tax did not frustrate contract’

“Elitaliana leased a helicopter from Iris Helicopter. The helicopter was imported from Switzerland to Italy to fulfil a government contract for air ambulance and rescue services. Elitaliana became involved in a dispute with Italian authorities over whether import tax was payable on the helicopter. This dispute ultimately led to arrest of the aircraft for unpaid […]

‘The Future of the Law of Contract’ – special number of Acta Juridica

This volume of Acta Juridica is dedicated to Dale Hutchison in celebration of his distinguished career as a teacher and researcher – hence it will come as no surprise that we have organised the contributions under the title The Future of the Law of Contract. Although Dale has done significant work in various areas of […]

‘No Incorporation of Israeli Law by Reference in SPIRA v Aeroflot

“In SPIRA v Aeroflot-Russian Airlines, the District Court for the Eastern District of New York granted Defendant Aeroflot’s motion to dismiss and denied the request of Plaintiffs SPIRA and 58 others for leave to amend their complaint. Plaintiffs were on a school trip to Israel and scheduled to depart on an Aeroflot flight from JFK […]

Kabazzi Maurice Lwanga, ‘Legitimate Expectation in Termination of Employment: An Economic Perspective’

ABSTRACT The concept of legitimate expectation or expectation interest has gained status in East African labour law jurisprudence. Knowing that an employer may terminate a contract of Employment by merely giving the requisite notice, Labour courts have adopted the public law concept of legitimate expectation as an exception to the at-will employment. Termination, usually when […]

‘Resilience Drainage And The Role Of Private Law’

“We all live in a market society, but the laws that apply to market activities have long catered to the interests of seasoned market actors. Who, then, is to watch out for us lay market users? And how can it be done? Both the law and political economy approach and vulnerability theory have recently oriented […]

‘European Contract Law in the Post-Brexit and (Post?)-Pandemic United Kingdom’: Hector MacQueen, Zoom, 29 September 2021

The Ole Lando Memorial Lecture series was launched in 2019 in memory of the Danish lawyer Professor Ole Lando (1922-2019). Professor Lando was a Founding Member of the ELI and a leading private international lawyer. Among many achievements of his long and varied career were the ‘Principles of European Contract Law’ which have been highly […]

Sharona Hoffman, ‘Cognitive Decline and the Workplace’

ABSTRACT Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, […]