Monthly Archives: November, 2015

Call for Papers: WINIR Symposium on Property Rights, Bristol University, 4-6 April 2016

Property rights are a central institutional feature of all politico-economic systems where markets play a major role, and a key item of political controversy between liberal and socialist positions. The role of property rights in matters ranging from interpersonal exchange and power to innovation and economic development is debated across several academic disciplines, including economics, […]

Jane Stapleton, ‘An “Extended But-For” Test for the Causal Relation in the Law of Obligations’

Abstract: This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is essential before the law has described the relation between a […]

Maria Lee, ‘Climate Change Tort’

Abstract: In this brief paper, I hope to provide some initial thoughts on two key issues raised by ‘climate change tort’. The first is instrumental: whether tort can contribute to a meaningful response to climate change. The second issue, which is intimately connected with the first, is how climate change might affect the ways we […]

Amy Schmitz, ‘Consumer Redress in the United States’

Abstract: This chapter provides a snapshot of consumer redress processes in the United States, and suggests policy reforms building on advances in the European Union. The US traditionally has been distinct in its allowance for class relief and other judicial action as the primary means for consumers to pursue remedies in B2C transactions. However, these […]

Benjamin Mak, ‘Forging the future of fusion’

Abstract: What does it mean to say that common law and equity should be fused? Common law jurisdictions have wrestled with these questions ever since the Judicature Acts were passed in England in the 19th century. This article offers a contemporary perspective on what this question might mean by reference to a concrete discussion of […]

Ruiqiao Zhang, ‘Trust Law of China and its Uncertainties: Examination of the Rights and Obligations of Trust and Ownership of Trust Property’

Abstract: Because of the trust’s advantages in investment, banking, financing and property management, China took the bold step of introducing the trust in 2001. However, as a product of equitable jurisdiction, the trust seemed to be alien to Chinese law, and seemed particularly inconsistent with the Chinese property system. Therefore, China went down a tortuous […]

Giovanni Sartor, ‘The right to be forgotten: balancing interests in the flux of time’

Abstract: The passage of time may reverse the balance of interests involved in the processing of personal data. This provides a rationale for the so-called ‘right to be forgotten’ – namely, data subjects’ right to exclude or limit the further processing of their personal information. This right has been endorsed in a number of judicial […]

Avihay Dorfman, ‘Private Law Exceptionalism? Part I: A Basic Difficulty with the Structural Arguments from Bipolarity and Civil Recourse’

Abstract: Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law (and its various departments, namely, property, contract, torts, and […]

Juliet Bull, ‘New Zealand’s Accident Compensation Scheme and Chronic Pain Syndrome’

Abstract: Chronic pain syndrome does not currently constitute a physical injury under New Zealand’s Accident Compensation scheme. This article considers the correctness of this exclusion given the Supreme Court’s adoption in Allenby v H of an expanded interpretation of the term ‘physical injury’, in deeming pregnancy to be an injury. It concludes that policy factors, […]

Wei Wen, ‘Contractual Damages and Post-Sidhu Proprietary Estoppel: A Further Blow to the Statute of Frauds?’

Abstract: After the High Court’s decision in Sidhu v Van Dyke, Australian proprietary estoppel is no longer fettered by the minimum equity principle in deciding quantum of relief. This estoppel may offer monetary compensation reflecting market value in informal land contracts cases. Informal contracts are rendered unenforceable by the Statute of Frauds, meaning contractual damages […]