Monthly Archives: June, 2017

Lando and Schweizer, ‘Causality and Incentives with Multiple Tortfeasors’

Abstract: For a tortfeasor to be liable for a victim’s loss, the tortfeasor’s negligence must have caused the loss. In the context of multiple tortfeasors, this is generally taken to mean that but-for the tortfeasors negligence, the loss would not have occurred, given the acts by other tortfeasors. In the law and economics literature on […]

Good Faith in Contract Law: University of Exeter, 29 July 2017, 9:30-16:30

The debate as to whether or not English contract law should recognise a general duty of good faith has been reignited by the recent decisions of Mr Justice Leggatt in cases such as Yam Seng Pte Ltd v ITC Ltd. This conference brings together leading academics to explore the competing arguments, offering both an international […]

Larry DiMatteo, ‘Justice, Fault, and Efficiency in Contract Law’

Abstract: This article explores some of the core concepts that underlie contract law. It rejects the feasibility of a uniform theory of contract law including a critique of the economic analysis of contract law. The importance of efficient contract rules and efficient contracts is not disputed, but efficiency’s explanatory power is limited due to the […]

Henry Smith, ‘The Economics of Property Law’

Abstract: The economic analysis of property has made progress in areas of property closest to contracts and torts, where the assumption that legal rules can be studied in isolation has some plausibility. Property law is a system, and economic analysis can be used to capture the role of traditional notions of things, possession, and ownership. […]

Joanne Braithwaite, ‘Springwell-watch: New Insights into the Nature of Contractual Estoppel’

Abstract: Over the last ten years, the emergence of contractual estoppel has been catalysed by litigation between sophisticated participants in the financial markets. Pending a Supreme Court decision, the principal authority remains the Court of Appeal’s 2010 decision in Springwell Navigation Corp v JP Morgan Chase Bank (‘Springwell’). It would be wrong, however, to think […]

John Thomas, ‘Law Reform Now in 21st Century Britain – Brexit and Beyond’

Introduction: … I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. […]

Ignacio Cofone, ‘The Dynamic Effect of Information Privacy Law’

Abstract: Discussions of information privacy typically rely on the idea that there is a tradeoff between privacy and availability of information. But privacy, under some circumstances, can lead to creation of more information. In this article, I identify such circumstances by exploring the ex ante incentives created by entitlements to personal data and evaluating the […]

Eoin O’Dell, ‘Compensation for Breach of the General Data Protection Regulation’

Abstract: Article 82(1) of the General Data Protection Regulation (GDPR) provides that any ‘person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered’. As a consequence, compliance with the GDPR is ensured […]

‘Intellectual Property and Practical Reason’

“In a recent post, Henry Smith made some perceptive observations about the state of contemporary intellectual property scholarship. Henry was commenting on a panel at a recent conference, in which panelists stressed that ‘treating intellectual property as a kind of property does not mean assuming it is absolute’. And he noted that what he called […]

Julie Cohen, ‘Property and the Construction of the Information Economy: A Neo-Polanyian Ontology’

Abstract: This chapter considers the changing roles and forms of information property within the political economy of informational capitalism. I begin with an overview of the principal methods used in law and in media and communications studies, respectively, to study information property, considering both what each disciplinary cluster traditionally has emphasized and newer, hybrid directions. […]