Monthly Archives: August, 2019

‘Mass Tort Deal Making – Chapter 1’

“If you’re interested in mass litigation – either through class actions or multi-district litigation – you undoubtedly know that the area can be overwhelmingly and mind-numbingly complex. Mass Tort Deals by Elizabeth Chamblee Burch cuts through with simple language and accessible stories to help frame the key policy issues. So far, I’m through the first […]

‘Biting off more than you can chew: no oral modification and entire agreement clauses’

“The Court of Appeal recently considered the application of, and relationship between, no oral modification (NOM) and entire agreement clauses. While this was not a construction case (the appeal in question concerned a contract for the provision of dental services), both types of clause are commonly included in construction contracts. The judgment also restates a […]

Miquel Peguera, ‘The Right to Be Forgotten in the European Union’

ABSTRACT The problem of the widespread availability of privacy-damaging information is not new. It has been dealt with since long before the internet era, sometimes under the label of droit à l’oubli, particularly in connection to mass media publications. Nonetheless, the issue has grown to an unprecedent level after the irruption of the web, the […]

‘Towards clearer Terms and Conditions … again’

“Be it pre-contractual information in terms and conditions or information on the processing of personal data in privacy policies, the truth is that the way businesses provide information to consumers generally leaves a great deal to be desired. In order to prevent this, and to better inform the informers, the Behavioural Insights Team (BIT) published […]

‘Fault-based and Strict Liability: Chinese and European Perspectives’ – Vienna, 18 October 2019

“While it seems safe to say that all European legal systems, as well as the Chinese Tort Liability Law, endorse liability based on fault, they differ in their attitude towards liability in the absence of that foundation. A thorough examination of the relatively cautious use of strict liability found in the Chinese Tort Liability Law […]

‘Notre Dame Fire leads to environmental lawsuit’

“Following the devastating fire at Notre Dame Cathedral last April in Paris, which we covered here, and in yet another example of how climate activism has recently become entangled with the arts and the cultural sector, there has been strong criticism from one environmental activist group in Paris regarding lead poisoning concerns …” (more) [Julia […]

Fabrizio Esposito, ‘Carrying the Choice Theory of Contracts Further: Transfers, Welfare, and the Size of the Community’

ABSTRACT The Choice Theory of Contracts is an ambitious, concise, and largely successful contribution to contract theory. Choice Theory is a liberal theory of contract law, grounded in a rich notion of autonomy, which stresses the obligation of the legal system to enhance our autonomy by ensuring the multiplicity of contractual types within the spheres […]

Vincenzo Viglione, ‘Standard Terms Incorporation in The Global Market: A Holistic Analysis’

ABSTRACT Corporations operate in the global market by employing standard terms to govern their dealings in a uniform and protective manner. Because of differences among jurisdictions, incorporating standard terms can be problematic, especially if companies decide to adopt a cost-effective holistic approach for a high number of their everyday dealings instead of fragmenting their policy. […]

Graham and Beasley, ‘Trust the State: the relevance of principles of public law in trust law and practice’

ABSTRACT Lord Walker, in Futter and Pitt v HMRC, noted that there are ‘superficial similarities between what the law requires of trustees in their decision-making and what it requires of decision-makers in the field of public law’. We examine these similarities under the following headings: (1) natural justice; (2) the application of Wednesbury unreasonableness to […]

Reza Beheshti, ‘The absence of choice of law in commercial contracts: problems and solutions’

ABSTRACT In a commercial contract with an arbitration clause, the parties may fail to determine any applicable law, in which case the arbitral tribunal is expected to identify the rules applicable to the merits of the dispute. A modern approach suggests that localizing legal issues originated from an international contract is inappropriate and that the […]