Monthly Archives: July, 2014

Pamela Stewart and Anita Stuhmcke, ‘Lacunae and Litigants: A Study of Negligence Cases in the High Court of Australia in the First Decade of the 21st Century and Beyond’

Abstract: This article examines a snapshot in time of appeals in negligence cases to the High Court during the first 11 years of the 21st century. In total, 78 negligence cases decided by the High Court during this period are analysed. Cases granted leave to appeal to the High Court are exceptional, raising novel or […]

Maarten Smits, ‘Efficient Breach and the Enforcement of Specific Performance’

Introduction: … this contribution will be about stipulating that there is a common core in contract law in the two major counterparts in the European legal order, common law and civil law. This common core is growing and indications of convergence can be found in several oppositions that are getting less contrasting. Changes that show […]

Gregg Strauss, ‘Why the State Cannot “Abolish Marriage”’

Abstract: Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Prominent theorists have answered this question “no” and concluded that the state should abolish legal marriage, along with all categories of intimate status. Using this proposal as a foil, I argue that the state cannot avoid status-based norms and […]

David Partlett, ‘Remedies in a Wide-Angle Lens: Observations on Remedial Concilience’

Abstract: Professor Partlett notes that Professor Jimenez’s article appears to be an orphan in American legal academic discourse. After a thoughtful analysis, Professor Partlett commends Professor Jimenez’s work, but urges that both a broader, comparative view of remedies and a revival of the virtues of private common law method are overdue in this area of […]

Andrew Robertson, ‘Three Models of Promissory Estoppel’

Abstract: The decision in Waltons Stores (Interstate) Ltd v Maher has been widely celebrated for liberalising the doctrine of promissory estoppel in Australian law. There has, however, been considerable disagreement as to the nature and extent of that liberalisation and, on its 25th anniversary, opinions as to the effect of the decision are more sharply […]

Journal of Applied Philosophy – Special Issue: Benefiting from Injustice

€ – Articles first published online: 25 JUL 2014 The Normative Implications of Benefiting from Injustice – Bashshar Haydar and Gerhard Øverland Benefiting from the Wrongdoing of Others – Robert E Goodin and Christian Barry The Priority of Solidarity to Justice – Avery Kolers Benefiting from Failures to Address Climate Change – Holly Lawford-Smith ‘A […]

Andrea Perrone, ‘The Just Price Doctrine and Contemporary Contract Law: Some Introductory Remarks’

Introduction: While issues of justice are at the center of the international scholarly debate on contracts, both black letter law and legal scholarship tend to disregard the doctrine of the just price as nothing more than a relic of the Middle Ages. In accordance with the approach adopted by the EU Directive on Unfair Terms […]

Jeffrey Lipshaw, ‘Cognition and Reason: Rethinking Kelsen in the Context of Contract and Business Law’

Abstract: This is a reconsideration of Hans Kelsen’s Pure Theory of Law from the standpoint of a long-time business lawyer, contract theoretician, and Kant-influenced epistemologist. The essay (a) reconsiders the Pure Theory in the context of contract and business law (i) in light of how legal reasoning operates (something the Pure Theory accurately characterizes) in […]

Eric Zacks, ‘Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure’

Abstract: This Article explores the contract drafting and review process of attorneys from a cognitive and social science perspective. Based on an understanding of the behavioral tendencies of individual attorneys as impacted by cognitive bias, moral hazard, and situational pressure, the drafting attorney may be able to secure particular transactional advantages for her client. For […]

John Kleefeld, ‘The Donoghue Diaries’

Abstract: Donoghue v Stevenson is justly the most well-known legal case, at least in Commonwealth legal systems, and its fame rests largely on the judicial opinion of Lord Atkin in the case and his enunciation of the neighbour principle, which heralded the modern law of negligence. Among Donoghue devotees, it is well known that May […]