Monthly Archives: April, 2018

Momberg and Vogenauer, ‘The Principles of Latin American Contract Law: text, translation, and introduction’

Abstract This article provides an introduction to the most recent soft law instrument in the field of contract law, the Principles of Latin American Contract Law (PLACL). The article briefly analyses the nature, drafting history, purposes, and structure of the PLACL. More importantly, in order to promote the study of the PLACL beyond Latin America […]

Paul MacMahon, ‘Conflict and Contract Law’

Abstract This article examines an underexplored reason to have contract law: conflict minimisation. An important function of contract law, the article contends, is to diminish the wasted time, effort and resources spent on disputes over economic exchange, and to reduce the incidence of harm resulting from these disputes. Minimising conflict typically serves the parties’ own […]

Victor Goldberg, ‘Reckoning Contract Damages: Valuation of the Contract as an Asset’

Introduction When a contract is breached the law typically provides some version of the aphorism that the non-breaching party should be made whole. The Uniform Commercial Code (UCC) provides that ‘[t]he remedies provided by this Act shall be liberally administered to the end that the aggrieved party may be put in as good a position […]

Jason Varuhas, ‘Varieties of Damages for Breach of Privacy’

Abstract This paper offers a comprehensive account of the law of damages within the action for misuse of private information in English law. The paper interrogates which types of damages are and ought to be available for breach of privacy, and the legal rules and principles governing each form of damages including the approach to […]

Spence Howden, ‘Text Messages Are Property: Why You Don’t Own Your Text Messages, But It’d Be a Lot Cooler If You Did’

Abstract Courts have yet to consider whether text messages are property, but they will soon. As our lives become more and more centered around our smartphones, text messages will displace e-mails as the primary means of electronic communication (if that hasn’t already happened). We currently don’t have an effective means of recourse available should our […]

Saunders and Lozano, ‘More than an Academic Question: Defining Student Ownership of Intellectual Property Rights’

Abstract Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these […]

Lauren Scholz, ‘Privacy Remedies’

Abstract When consumers sue companies for privacy-intrusive practices they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the […]

Lauslahti, Mattila and Seppala, ‘Smart Contracts – How Will Blockchain Technology Affect Contractual Practices?’

Abstract Unlike conventional contracts established through speech, written words, or actions, smart contracts are algorithmic, self-executing and self-enforcing computer programs. In this article, we analyze smart contracts from the perspective of digital platforms and the Finnish contract law. We examine how well the formation mechanisms of the general principles of contract law can be applied […]

Folmer, Desmet and Van Boom, ‘Is it Really Not About the Money? Victim Needs Following Personal Injury and Property Loss and Their Relative Restoration Through Monetary Compensation and Apology’

Abstract Tort law currently debates the value of facilitating apology, particularly in the domain of personal injury litigation, where victims’ immaterial needs are claimed to be neglected by monetary remedies. However, insight on its remedial value is limited, as extant evidence does not yet illuminate 1) which immaterial needs victims experience in tort situations, 2) […]

Pammela Quinn, ‘Regulation In The Shadows Of Private Law’

Abstract With proponents of deregulation ascendant, both domestically and around the world, private regulation appears to be an attractive solution to a seemingly intractable problem – assuming it is or can be effective. This Article adds an important corrective to standard accounts of private legal regulation and its effectiveness. Existing scholarship generally looks to the […]