Category Archives: Contract

Grajzl and Murrell, ‘A machine-learning history of English caselaw and legal ideas prior to the Industrial Revolution II: applications’

ABSTRACT This is the second of two papers that generate and analyze quantitative estimates of the development of English caselaw and associated legal ideas before the Industrial Revolution. In the first paper, we estimated a 100-topic structural topic model, named the topics, and showed how to interpret topic-prevalence timelines. Here, we provide examples of new […]

‘Interpretations of PSD2 in C-287/19 DenizBank AG

“On November 11th the CJEU delivered a judgment in C-287/19 DenizBank AG v Verein für Konsumenteninformation on the interpretation of Directive 2015/2366 on Payment Services (PSD2). The facts: VKI an Austrian consumer protection organization brought proceeding for a prohibitory injunction in front of Handelsgericht Wien asking the court to prohibit DenizBank from using several clauses […]

‘Relational Contracts in a COVID-19 World’

“A number of years ago, I became acquainted with Kate Vitasek, a colleague in The University of Tennessee’s Haslam College of Business. She introduced me to a way of supply contracting called ‘vested’. Vested relationships are characterized by the following attributes that may differentiate them from traditional contractual relationships (as identified in the FAQs on […]

Jan Halberda, Estoppel w angloamerykańskim prawie prywatnym (wprowadzenie) / Estoppel in Anglo-American Private Law (introduction)

The book attempts to analyze the status of several Anglo-American legal doctrines referred to as equitable estoppel, promissory estoppel, and proprietary estoppel. It examines the English, American and Australian law from the 18th century onwards. The book draws analogies to legal devices detectable in continental civil law and characterized by the goal similar to that […]

Arnold, Dixon, Tanne, Sherrill and Gulati, ‘“Lipstick on a Pig”: Specific Performance Clauses in Action’

ABSTRACT The black letter law says that money damages are the preferred remedy for contract breach under US law. Specific performance is reserved for extraordinary circumstances. Contract theory tells us that default rules generally reflect what a majority of contracting parties would agree to, had they considered the matter. But do contracting parties agree with […]

‘Tanfield Talks: “The Contractual Duty of Good Faith – when does it arise, and what does it require?” on 25th November at 1PM’

“Andrew Butler QC and Edward Blakeney will be delivering a virtual seminar on this developing area of law, looking at recent case-law such as Post Office v Bates (2019) and Essex County Council v UBB Waste (2020). The talk will place particular focus on how the Courts have interpreted express obligations to act in good […]

Covid-19 and Contract Law – upcoming articles in Opinio Juris in Comparatione

Law of Contracts in Times of Covid-19 Pandemic: Polish Report (AA VV) Relevance of Contract Law Solutions Under a Pandemic (Reza Moradinejad) Impact of Covid-19 pandemic on contractual relationships: the case of Estonia (Karin Sein-Kai Härmand) The Impact of Covid-19 in Chilean Contract Law (Rodrigo Momberg Uribe and Alberto Pino Emhart ) The Impact of […]

Rizzi and Skead, ‘Algorithmic Contracts and the Equitable Doctrine of Undue Influence: Adapting Old Rules to a New Legal Landscape’

ABSTRACT Recent scholarship engaging with the impact of digital technology on contract law has suggested that practitioners and researchers will need to give proper consideration to the ‘role of equitable remedies in the context of contracts drafted in whole or part in executable code’. More generally, a raft of challenges stem from the increasingly active […]

David Culleton, ‘The Law Relating To Aggravated Damages’

ABSTRACT This article provides a comprehensive overview of the law relating to aggravated damages in Irish law, with a particular emphasis on aggravated damages in Irish Tort law. It traces the development and extension of aggravated damages in Ireland from its origins in Conway v Irish National Teachers Organisation and conducts a detailed analysis of […]

Nevena Jevremovic, ‘CISG and Contracting Practice: Facilitating Negotiation of Contract Terms’

ABSTRACT In the sphere of international contracts for the sale of goods, the UN Convention on International Sale of Goods (‘CISG’ or ‘Convention’) has the potential to reduce the friction between the parties when negotiating the terms they most frequently focus on, but also to be an instrument in achieving outputs that reflect legal and […]