Monthly Archives: December, 2014

Just published: Kathleen Gutman, The Constitutional Foundations of European Contract Law: A Comparative Analysis

Provides a detailed assessment of the EU’s competence to regulate contract law and an extensive comparative analysis of the US contract law framework; outlines the context for the debate about European contract law and its chronological development at the European level; covers recent developments, including the relevant changes brought by the Lisbon Treaty and activities […]

Private Law Theory blog – Highlights of 2014

Readership continues to grow:  this year (so far) there have been 119,004 pageviews. 353 people subscribe by e-mail, maybe 100 more by RSS. A videos page was added in September. Location of readers (by pageview): by country: US (26.7%) UK (16.1%) Canada (9.8%) Ireland (6.7%) Australia (5.5%) China (3.2%) Israel (2.6%) Netherlands (2.5%) South Korea […]

Call for proposals: 10th International Conference on Contracts (KCON 10) Las Vegas, Nevada, 27-28 February 2015

UNLV’s William S Boyd School of Law is pleased to again host the International Conference on Contracts – a two-day conference designed to afford contracts scholars and teachers at all experience levels (including those preparing to enter the academy and those whose primary teaching appointment is not in a law school) an opportunity to present/demonstrate […]

‘Does Tort Law Empower?’

Ori J Herstein, How Tort Law Empowers, 64 University of Toronto Law Journal (2014) (forthcoming), available at SSRN. Ori Herstein’s How Tort Law Empowers takes on the question of whether and how tort law empowers victims. Herstein presents himself as a friendly critic of civil recourse theory, and offers an amendment that he claims makes […]

Just published: Private Law and the Rule of Law (Austin and Klimchuk, eds)

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of […]

AJ van der Walt, ‘The Modest Systemic Status of Property Rights’

Introduction: … In this article, I propose to contribute to this debate by advancing the proposition that another way of countering the over-inflated perception of property as a simple message to keep off, in addition to the progressive arguments that highlight its normative features as a diverse and complex set of institutions, would be to […]

The Obligations Conference now has a website

The site is here.  It also has further details of the next conference (Obligations VIII, University of Cambridge from 19-22 July 2016 ) .

Gilbar and Miola, ‘One Size Fits All? On Patient Autonomy, Medical Decision-Making, And The Impact Of Culture’

Abstract: While both medical law and medical ethics have developed in a way that has sought to prioritise patient autonomy, it is less clear whether it has done so in a way that enhances the self-determination of patients from non-western backgrounds. In this article, we consider the desire of some patients from non-western backgrounds for […]

‘Mind the Gaps! High Court Confirms Negligence Will Not Protect Economic Interests where Contractual Protection is Available’

“The central issue in Brookfield was one which is especially important given the proliferation of multi-use, multi-storey developments around Australia’s major population centres. This was whether the builder of an apartment complex owes a duty of care in negligence to protect the Owners’ Corporation (as agent for the owners of apartments in the building) from […]

Péter Cserne, ‘Freedom of Contract (and Economic Analysis)’

Abstract: Freedom of contract is a principle of law, expressing three related ideas: parties should be free to choose their contracting partners (‘party freedom’), to agree freely on the terms of their agreement (‘term freedom’) and where agreements have been freely made, parties should be held to their bargains (‘sanctity of contract’). This entry, prepared […]