Monthly Archives: January, 2018

Jacob Meagher, ‘(Re-defining) the trust of the specifically enforceable contract of sale – the vendor purchaser constructive trust’

Abstract This article provides a comprehensive outline and consequential redefinition of the oldest form of constructive trust occurring in English law, the vendor–purchaser constructive trust (VPCT). This species of constructive trust arises by operation of law, once primarily in the context of sales of land, but now in the context of any specifically enforceable contract […]

Astrid Sanders, ‘Fairness in the Contract of Employment’

Abstract Many labour law scholars in the UK are disillusioned with recent judicial decisions by the House of Lords and Supreme Court on the contract of employment. The argument made in this article is that, although there are good reasons for disillusionment with the Johnson v Unisys progeny, there have nevertheless been potentially some very […]

Bogdan Derevyanko, ‘The Issues of the So-Called “Duality of Private Law” and Functioning of Commercial Codes’

Abstract The term ‘duality of private law’ is an obsolete and false notion, and its application is detrimental. All modern attacks on Commercial Code of Ukraine under the slogan ‘Europe will not understand us, we must use only the Civil Code’ should be stopped. Today in Europe, business, economic, commercial codes are valid in Austria, […]

Call for papers: Climate Change Conference at Newcastle, New South Wales, 5-6 July 2018

“The University of Newcastle, the Griffith Climate Change Response Program and the School of Law and Justice, Southern Cross University invite you to submit abstracts for the Narratives of Climate Change Symposium …” (more)

‘Greer’s Property and Dispossession

“Allan Greer, McGill University, has published Property and Dispossession: Natives, Empires and Land in Early Modern North America with the Cambridge University Press. Allan Greer examines the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexico), and New […]

Nathan Oman, ‘Reconsidering Contractual Consent: Why We Shouldn’t Worry Too Much About Boilerplate and Other Puzzles’

Abstract Our theoretical approaches to contract law have dramatically over-estimated the importance of voluntary consent. The central thesis of this article is that voluntary consent plays at best a secondary role in the normative justification of contract law. Rather, contract law should be seen as part of an evolutionary process of finding solutions to problems […]

Francisco de Elizalde, ‘Should the Implied Term Concerning Quality Be Generalized? Present and Future of the Principle of Conformity in Europe’

Abstract One of the main inroads to the so-called Classic Contract Law has been made by implied terms imposing a certain quality on the subject matter of contracts, an outcome that has been achieved by resorting to a variety of legal sources and tools. Modernization and harmonization of European Contract Law, to this respect, has […]

Avihay Dorfman, ‘A Legalistic Conception of the Market: Beyond Efficiency’

Abstract This paper challenges highly influential liberal and economic characterizations of the market and its legal structure. I defend an expansive conception of market exchange, one which goes beyond the exchange of goods and services in satisfaction of preferences to include the exchange of reciprocal recognition. My argument for this conception draws on the legal […]

Geoffrey Samuel, ‘Should Jurists Take Interests More Seriously?’

Introduction Should jurists take the notion of an interest as seriously as the notion of a right? This article will argue that while the concept of a right has a powerful rhetorical value that should not be underestimated, it actually is not very helpful as an explanatory device with regard to the reasoning and methods […]

Iain Brassington, ‘On the Relationship between Medical Ethics and the Law’

Abstract In his comments on Bland, Lord Justice Hoffmann stated that ‘I would expect medical ethics to be formed by the law rather than the reverse’. But what judges expect, and what they have a right to expect, are different things; I shall use Hoffmann LJ’s statement as a way into looking at the relationship […]