Monthly Archives: October, 2016

Is there a European Future for UK Intellectual Property Law? Bournemouth University, 3 November 2016

The CIPPM Annual Symposium 2016 will address the uncertainties that surround the forthcoming role of UK in the European intellectual property arena, in an attempt to respond to some of the questions that have emerged in the wake of the referendum. It will do so by bringing together a selection of scholars and practitioners who […]

Paul Babie, ‘Property, Negligence, and the Intergenerational Inequity of Climate Change’

Abstract: The recent decision of the United States District Court in Kelsey Cascade Rose Juliana et al v The United States of America (‘Kelsey’) denied a motion to dismiss a suit brought on the basis of damages for future harms, suggesting that the law could be capable of developing in a novel way to allow […]

Stewart Sterk, ‘Trust Decanting: A Critical Perspective’

Abstract: Until recently, a party seeking modification of an irrevocable trust needed approval from all interested parties, or from a court. The last decade, however, has brought a flood of state legislation authorizing trust decanting – a process by which a trustee ‘decants’ trust assets from one vessel (the original irrevocable trust) into a second […]

Ugljesa Grusic, ‘Long-Term Business Relationships and Implicit Contracts in European Private Law’

Abstract: In Granarolo SpA v Ambrosi Emmi France SA, the European Court of Justice held that a dispute between a distributor and its supplier concerning an action for damages for the abrupt termination of a long-term business relationship, which was not expressed in a framework, umbrella contract, was a matter relating to a contract for […]

‘Judicial Disagreement Over Contract Ambiguity: When Are Things OBVIOUS?’

“We’ve been talking about contract interpretation in my Contracts class lately and I’m always struck by how many cases involve a lower court ruling of ambiguity and then an appellate court reversal of that ruling, because it always strikes me as such a funny thing. The very definition of ambiguity would seem to be ‘multiple […]

Just Published: Duncan Fairgrieve, Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is […]

‘Reconfiguring Property Theory and Legal Rules in the Sharing Economy’

Shelly Kreiczer-Levy, Consumption Property in the Sharing Economy, 43 Pepperdine Law Review 61 (2015). In this moment of the sharing economy, Shelly Kreiczer-Levy explores why we can no longer think in terms of the traditional categories of private and public or neatly divide objects purchased for personal consumption and property intended for commercial exchange. The […]

Guoqing Liu, ‘Trust without Equity: the Commercial Nature of Chinese Trust Law’

Abstract: It is common knowledge that the institution of trust was enforced and fostered in history by a unique court in England: the Court of Chancery. The doctrines used by Chancellors were collectively called equity. The dual court system of England was abolished by the Judicature Act 1873, but the trust survived as a typical […]

George Leggatt, ‘Contractual Duties of Good Faith’

Introduction: “… I am not intending this evening to repeat or discuss what I said in the Yam Seng case. It has tended to evoke quite strong reactions – whether positive or negative. What I would like to do in this address is to move forward from Yam Seng and look at where we are […]

Horton and Chandrasekher, ‘Probate Lending’

Abstract: One of the most controversial trends in American civil justice is litigation lending: corporations paying plaintiffs a lump sum in return for a stake in a pending lawsuit. Although causes of action were once inalienable, many jurisdictions have abandoned this bright-line prohibition, opening the door for businesses to invest in other parties’ claims. Some […]