Monthly Archives: November, 2014

Hugh Beale, ‘Bridging the Gap: A Relational Approach to Contract Theory’

“CONTRACT LAW AND CONTRACT PRACTICE – BRIDGING THE GAP BETWEEN LEGAL REASONING AND COMMERCIAL EXPECTATION by CATHERINE MITCHELL (Oxford: Hart Publishing, 2013, 308 pp., £50.00) In this book, Catherine Mitchell argues that the English law applying to commercial contracts leaves a significant gap between what the court will recognize as the parties’ legal entitlements and […]

Ernest Lim, ‘Of “Landmark” or “Leading” Cases: Salomon’s Challenge’

Abstract: This article seeks to question the two dominant conceptions of ‘landmark’ or ‘leading’ cases in English legal scholarship, using the House of Lords decision in Salomon v Salomon Co Ltd – the most famous case in corporate law – as a case study. It argues that neither the first dominant conception of ‘leading’ or […]

‘Punitive Damages in China’

From Frontiers of Law in China, September 2014. “The three papers provide a more or less panoramic view of this institution in terms of comparative research. It is still on open question as to whether or not this institution can become one of law in action, because there are still no relevant cases roughly five […]

‘Causal Relation in the Law of Obligations’: Dickson Poon School of Law, London, 15 December 2014

This is the latest in our Private Law in Conversation series. Professor Jane Stapleton will be speaking about her forthcoming paper, ‘Causal Relation in the Law of Obligations’, in discussion with Dr Sandy Steel from the University of Oxford and Dr Luke Fenton-Glynn from the Philosophy at UCL. It will take place at Somerset House […]

Rachel Arnow-Richman, ‘Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements’

Abstract: Modern companies increasingly use standard form agreements, such as arbitration and non-compete agreements, to “contractualize” discrete aspects of their workers’ obligations. Frequently such agreements provided to the worker after an initial oral agreement of employment has been reached, what the article refers to as “cubewrap” contracting practices. Courts and scholars have yet to develop […]

‘Blogosphere Debate on Whimsy Little Contracts

“Friend of the blog Jeff Sovern, and his co-authors are creating quite a stir with their article that has been topping the charts on SSRN, ‘Whimsy Little Contracts’ with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements. You can follow the discussion in the blogosphere at these sites …” (more) [Jeremy Telman, […]

‘Transmitting Retirement Accounts: Getting It Right’

Stewart E Sterk and Melanie B Leslie, Accidental Inheritance: Retirement Accounts and the Hidden Law of Succession, 89 New York University Law Review 165 (2014). Articles routinely appear that serve up a simple, everyday scenario that has potential to morph into a terribly complex legal situation and in the process, twist legal doctrines pretzel-like to […]

Austin and Klimchuk, ‘Private Law and the Rule of Law: Introduction’

Abstract: Notwithstanding deep points of disagreement, there is a general — albeit largely implicit — consensus among theorists of the rule of law around what we call the public law presumption: the view that the rule of law is essentially a public law doctrine. We see this view expressed in influential accounts of the rule […]

Adam Lamparello, ‘The Case for Defamatory Opinion’

Abstract: The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment […]

Kit Barker, ‘“Damages Without Loss”: Can Hohfeld Help?’

Abstract: This article addresses a still unsolved puzzle in private law regarding the proper explanation of cases in which courts make substantial awards of damages to claimants whose rights have been infringed, but who appear to have suffered no factual loss in consequence of the infringement. The paradigm examples tend to involve awards of ‘user’, […]