Monthly Archives: March, 2021

Katz and Zamir, ‘Do People Like Mandatory Rules? The Choice between Disclosures, Defaults, and Mandatory Rules in Supplier-Customer Relationships’

ABSTRACT In recent years, numerous empirical studies have examined the prevailing attitudes toward nudges, but hardly any have examined the prevailing attitudes toward mandatory rules. To fill this gap, this article describes five studies (N=3,103) – mostly preregistered studies conducted with representative samples of the US population – which tested people’s attitudes toward mandatory rules […]

Ying Khai Liew, ‘Choice of Law for Cross-Border Trust Disputes in Japan: The Case for Adopting the Hague Trusts Convention’

ABSTRACT This paper argues that cross-border trust disputes cannot adequately be dealt with using the existing choice of law rules in Japan, because pigeonholing trusts within any of those established choice of law categories distorts a proper understanding of trusts law and disappoints the autonomy and legitimate expectations of parties. Ultimately, this paper suggests that […]

‘COVID: no cure for claims of frustration or force majeure’

“The English Court has twice rejected claims by aircraft lessees who wanted the return of their security deposits because of the COVID-19 pandemic: Salam Air v Latam Airlines and Fibula Air v Just-US Air. [Ed: the cases are interesting beyond aircraft finance since, for the moment, there’s still not much case law discussing COVID.] In […]

Isaac Freckleton, Landmark Cases in Defamation Law (David Rolph ed)

Landmark Cases in Defamation Law. Edited by David Rolph. [Oxford: Hart Publishing, 2019. xxviii + 250 pp. Hardback £70.00. ISBN 978-1-50991-674-0.] If today a celebrity discovers a picture of her face superimposed on a sex model, she may turn in her upset to the laws of privacy and copyright to get the obscene image removed […]

Alexander Waghorn, review of Form and Substance in the Law of Obligations (Robertson and Goudkamp eds)

Form and Substance in the Law of Obligations. Edited by Andrew Robertson and James Goudkamp. [Oxford: Hart Publishing 2019. xlv + 457 pp Hardback £95.00. ISBN 978-1-50992-945-0.] This collection of 17 essays, written by a group of eminent academics, is the product of the 9th Obligations conference, which brought together a vast number of private […]

John Murphy, review of Recognizing Wrongs by John Goldberg and Benjamin Zipursky

Recognizing Wrongs. By John CP Goldberg and Benjamin C Zipursky. [Cambridge, MA: Harvard University Press, 2020. x + 392 pp Hardback £36.95. ISBN 978-0-674-24170-1.] In Recognizing Wrongs, Goldberg and Zipursky provide what is, effectively, a highly readable conspectus of roughly two decades’ worth of first rate tort theory. The breadth and depth of learning on offer […]

Adam Reilly, ‘What were Lord Westbury’s intentions in Phillips v Phillips? Bona fide purchase of an equitable interest’

ABSTRACT In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an ‘equity’ to rescind, ‘the Court will not interfere’. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between ‘equities’ and equitable interests has been, and […]

Mitchell and Rostill, ‘Making sense of mesne profits: causes of action’

ABSTRACT The article examines a series of cases spanning a 250-year period in which the courts have awarded ‘mesne profits’ against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of […]

Nikita Aggarwal, ‘The Norms of Algorithmic Credit Scoring’

ABSTRACT This article examines the growth of algorithmic credit scoring and its implications for the regulation of consumer credit markets in the UK. It constructs a frame of analysis for the regulation of algorithmic credit scoring, bound by the core norms underpinning UK consumer credit and data protection regulation: allocative efficiency, distributional fairness and consumer […]

JH Baker, ‘Indebitatus Assumpsit in 1447’

“It might not have been foreseen that computer technology would revolutionise the study of legal history; but the ability to take digital photographs in libraries and record offices has begun to affect profoundly the work English legal historians. And the most useful publicly available mine of previously unpublished legal information is the enormous collection of […]