Monthly Archives: December, 2021

Daniel Crane, ‘The Law on Christmas’

ABSTRACT In this pathbreaking and important (but not really) Article, I analyze all of the (107) judicial decisions ever rendered in state or federal court on Christmas Day. Not for the fainthearted. Crane, Daniel A, The Law on Christmas (December 8, 2021).

Dora Zgrabljić Rotar, ‘Overriding Mandatory Provisions In Croatian Private International Law’

ABSTRACT Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law act is almost a verbatim copy […]

Michael Pooles, ‘Stoffel and Co v Grondona

“In October 2020 the Supreme Court delivered its judgments in the cases of Stoffel and Co v Grondona [2020] UKSC 42; [2021] AC 540 (Grondona) and Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43; [2021] AC 563 (Henderson). Although the facts were very different, both cases engaged the issue of the illegality […]

James Goudkamp, ‘Henderson v Dorset Healthcare University NHS Foundation Trust

INTRODUCTION The twenty-first century has been a period of considerable turmoil for the defence of illegality. In 2009, the House of Lords delivered judgment in Gray v Thames Trains Ltd. The defendants had negligently caused the claimant to suffer a psychiatric injury. Around two years later, the claimant, due to his altered mental state, killed […]

Pey-Woan Lee, ‘Varying Contracts – Consideration, Form and Reality’

ABSTRACT In Ma Hongjin v SCP Holdings Pte Ltd, the Singapore Court of Appeal confirmed that only contract variations supported by consideration are legally binding, rejecting the suggestion that the acceptance of practical benefits has so diluted the doctrine of consideration as to render the requirement illusory. Subsequently, in Charles Lim Teng Siang v Hong […]

Jasmine Blow, ‘The scope of duty principle revisited by the Supreme Court in a wrongful birth case’

INTRODUCTION This case concerned the limits of the scope of duty principle in a wrongful birth claim. In particular, the Supreme Court examined whether a claimant could bring an action in negligence for the costs of bringing up a disabled child who would not have been born but for the doctor’s negligent information/advice … € […]

Bob-Bocșan and Murphy, ‘The Foundations of the Unworthy Heir Rule in Romania’

ABSTRACT Within the Civilian legal tradition, the unworthy heir rule has been established on both objective and subjective grounds. In France, the Code Napoleon enshrined said rule as a creation of law, without the deceased having any say in its operation. The Napoleonic model was later borrowed into the civil codes of Italy and Romania, […]

Zhen Chen, ‘Internet, consumer contracts and private international law: what constitutes targeting activity test?’

ABSTRACT A foreign business is subject to consumer jurisdiction and applicable law rules provided in Articles 17-19 Brussels Ibis Regulation and Article 6 Rome I Regulation only if it conducts commercial activities targeted at the consumer’s home country. This paper aims to answer the question what constitutes targeting activity test, especially in the context of […]

J Thomas Sullivan, ‘Mass Shootings, Mental “Illness”, and Tarasoff

ABSTRACT The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and […]

Zutah, Yin, Atupare and Korankye-Sakyi, ‘Licensed to Kill? Contextualising Medical Misconduct, Malpractice and the Law in Ghana’

ABSTRACT Now, more than ever, the Ghanaian patient is better informed, more discerning and increasingly aware of his/her healthcare rights and options. Despite the rate of awareness, scholars have paid less attention to some medicolegal issues in the country. This paper examines the prevailing regime of healthcare delivery and regulation, and attempts to construct the […]