Monthly Archives: February, 2017

Rutten, Hubeau and Van Houtte, ‘Legal malpractice in Belgium: redress from a client perspective’

Abstract: This article focuses on the mechanisms providing direct redress for a client, victim of legal malpractice, in Belgium. Generally jurisprudence focuses on lawyer discipline (regulatory approach), while the client perspective (end-user approach) is somewhat overlooked. From his perspective, the client does not care if a certain duty is expressly embedded in the Code of […]

Call For Papers: Obligations IX, Melbourne Law School, 17–20 July 2018

“Obligations IX will address the theme Form and Substance in the Law of Obligations. Form and substance are distinguished in various ways and for various purposes in the law of obligations. A distinction is sometimes drawn between the form of a legal instrument, transaction or relationship and its intended or actual legal effect. For other […]

Banerjee, Bose and Rath, ‘Explaining the Effect of Financial Development on the Quality of Property Rights’

Abstract: Recent empirical evidence suggests that financial development can catalyze property rights reforms, and for such effect to materialize financial development must cross a threshold. This paper offers a theory of financial markets to explain both stylized facts defining the relationship. The explanation is based on a simple trade-off between the costs and the benefits […]

Heather Whitney, ‘The Autonomy Defense of Private Discrimination’

Abstract: While a number of concerns have been raised about the on-demand economy, evidence of discrimination has been especially noted and publically condemned. Airbnb, for instance, came under fire when a Harvard Business School study showed that property owners were less likely to accept those with black-sounding names as renters and non-black hosts were able […]

Dyson, Goudkamp and Wilmot-Smith, ‘Thinking in Terms of Contract Defences’

Abstract: The overarching aim of this chapter is to explore the reluctance of contract lawyers to think in terms of defences. The apparent opposition to terminology that is ubiquitous elsewhere in private law is, at least at first glance, a puzzling feature of contract law scholarship that merits attention. The analysis is in three parts. […]

‘Whiplash injuries: a tale of two systems’

“In October 2013 the government published its response to a ‘Consultation on arrangements concerning whiplash injuries …’ In the document the then Secretary of State, Chris Grayling, estimated £1.5 to £2bn of savings for the insurance industry that could come from his reforms. He said that insurers had made a commitment at a summit in […]

Bryant Smith, ‘Automated Driving and Product Liability’

Abstract: This Article focuses on one cyberphysical domain – automated driving – to methodically analyze the so-called liability problem. It considers how automated driving could affect product liability, how product liability could affect automated driving, and how each could advance or impede the prevention of injury and the compensation of victims. Smith, Bryant Walker, Automated […]

James Henderson, ‘Learned Hand’s Paradox: An Essay on Custom in Negligence Law’

Abstract: In a well-known tort decision, Judge Learned Hand observes that while legal standards almost always coincide with customary industry standards, strictly speaking custom never controls. This Essay examines the implications of this apparent paradox, concluding that courts must have final say in order to prevent doctrinal feedback loops – situations in which legal doctrine […]

Enrico Baffi, ‘Consumer Protection Against Unconscionable Clauses: American Doctrines, Italian Law’

Abstract: Conventional wisdom holds that with the laws protecting consumers against unconscionable provisions in their contractual relationships with professionals, the European Legislator intended to level the playing field between parties to a contract. This article intends to show that the European Legislator’s intent was actually to resolve the problem of an inefficient ‘race to the […]

Liam O’Melinn, ‘The Ghost of Millar v Taylor: The Mythical Origins of Copyright’

Abstract: The Ghost of Millar v Taylor walks abroad once more, relishing the prospect of ‘the next great copyright act’ and tempting us to ask again whether the origins of copyright are to be found in the common law. Despite being answered time and again in the negative, this question preys upon modern sensibilities predisposed […]