Monthly Archives: May, 2015

Alexander Wulf, ‘Institutional Competition of Optional Codes in European Contract Law’

Abstract: The Common European Sales Law (CESL) is the Commission’s most recent policy initiative for European contract law. It aims to address the problem that differences between the national contract laws of the Member States may constitute an obstacle for the European Internal Market. This paper develops a model of the institutional competition in European […]

Just published: Charles Fried, Contract as Promise – A Theory of Contractual Obligation, 2nd ed

“… This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled ‘Contract as Promise in the Light of Subsequent Scholarship — Especially Law and Economics’ which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future […]

‘The Bundle of Sticks: Is There Anything It Can’t Do?’

“Last week, the Supreme Court decided Henderson v United States. Justice Kagan’s opinion for a unanimous court holds that a court can use its equitable powers to order the government to transfer a convicted felon’s firearms to a third party as long as the court is satisfied that the recipient will not give the felon […]

‘Fears over French contract law rewrite are largely overblown, says expert’

“The French civil code was first written in 1804 and the principal articles concerning contract law have not changed since its creation. Reform to the dated law was announced by justice minister Christiane Taubira in February, and aims to bring the law into line with international standards. Most of the proposed changes aim to reflect […]

Alysia Blackham, ‘The presumption of advancement: a lingering shadow in UK Law?’

Abstract: The presumption of advancement is a well-established equitable principle in English law, which operates to presume that a purchaser or transferor of property intended to transfer the beneficial interest to the recipient in certain relationships. However, its future is far from certain. While it appeared that the presumption would be abolished by the Equality […]

Tal Kastner, ‘How ’bout them Apples?: The Power of Stories of Agreement in Consumer Contracts’

Abstract: Contract scholars continue to grapple, perhaps today more than ever, with the challenge posed by proliferating standard terms in consumer contracts. None, however, has sufficiently explored the role of narratives of agreement in furthering inequity or exacerbating existing disparities in power. This Article reveals the ways that stories of agreement themselves can be a […]

Wendy Netter Epstein, ‘Facilitating Incomplete Contracts’

Abstract: Contract law abhors incompleteness. Although no contract can be entirely complete, the idea of a purposefully incomplete or underspecified contract is antithetical to lawyers’ ideals of certainty for the parties and for the law. Indeed, contract law is designed to incentivize parties to specifically articulate their intentions. Yet there is a growing body of […]

David Enoch, ‘Tort Liability and Taking Responsibility’

Abstract: Is anything missing, morally speaking, in a society that does not have any practice remotely resembling tort liability? If we take care of instrumental matters in some other ways (perhaps an insurance-like pool that severs the ties between tortfeasors and ‘their’ victims), is anything still missing? Corrective justice approaches answer in the positive, but […]

Andrew Burrows, ‘Common Law Retrospectivity’

Abstract: At first blush, judicial law reform by development of the common law may be thought problematic because of its retrospectivity. However, the objections to retrospective laws are not as absolute as may be thought and they admit of exceptions even in respect of punishment under the criminal law. Provided judicial law reform is effected, […]

Andrew Burrows, ‘The Influence of Comparative Law on the English Law of Obligations’

Abstract: This paper examines the influence of comparative law on the English law of obligations. The central part comprises a survey of the last 25 years of decisions in the House of Lords and UK Supreme Court which seeks to assess the influence of comparative common and civil law on the English law of tort, […]