Category Archives: Contract
Schwarcz, Cude, Logue and Marquez Alcala, ‘Read But Not Understood? An Empirical Analysis Of Consumer Comprehension In Homeowners Insurance’
ABSTRACT Modern contract law assumes that consumers meaningfully assent to the standard forms that govern their daily lives. However, this assumption is widely regarded as a legal fiction for two key reasons: first, most consumers do not read standard forms, and second, even those who do often struggle to fully comprehend their terms and implications. […]
‘Remedies to Digital Vulnerability in European Private Law’: University of Trieste, 10-11 April 2025
The Trieste conference follows two previous conferences held within the same project in Ferrara (2023) and in Rome Tor Vergata (2024), which examined the legal status of digital vulnerability in European private law and its interaction with artificial intelligence, respectively. Building on the previous findings and starting from the assumption that many, if not all, […]
Sagi Peari, ‘Conflict of Laws Rules Applicable to Negotiable Instruments’
ABSTRACT Sadly, the contemporary conflict of laws rules within negotiable instruments law have originated from flawed premises about the nature of the subject. Further, contemporary rules have left behind the modern development of conflict of laws doctrine. Relying on the foundation of negotiable instruments’ law within the traditional ordinary doctrines of contract and movable property […]
Michael Pratt, ‘Waiving Conditions Precedent’
ABSTRACT Conditions precedent present a variety of challenges for the law of contract, but one has proved especially vexing for Canadian courts. This is the question of when such a condition can be waived or extinguished unilaterally. The problem arises when a contract makes a transaction conditional on some event, but one of the parties […]
Chang and Merrill, ‘The Nature of Leasing’
ABSTRACT Leases at the common law are said to be a property form becoming increasingly contractual, while leases in the civil law are said to be a type of contract becoming ‘reified’ and hence increasingly like property. Leases in the common and civil law worlds thus begin with very different starting points but, over time, […]
Ratiu Flavia Simona Petridean, ‘The Pre-Contractual Abyss’
ABSTRACT In spite of the conservative spirits, positioned by themselves, in the traditional and classical scheme of how contracts are formed, the realities of the Romanian private law space, show us that often the formation of a convention is progressive from the volitional point of view. The potential of some definitive contractual relations commits the […]
‘Contract Law’s Hidden Civil Rights Foundation’
Erik Encarnacion, ‘Section 1981 as Contract Law’, available at SSRN (10 January 2025). Erik Encarnacion’s ‘Section 1981 as Contract Law’ presents a striking claim: 42 USC § 1981, a statute primarily understood as a piece of federal antidiscrimination law, is, in fact, a foundational component of contract law in the United States. Section 1981, originally […]
Lorna Richardson, ‘Error in the Law of Contract: Shaping a Doctrine Fit for the 21st Century’
ABSTRACT This article examines error in the law of contract. For centuries it has been said to be one of the most complex parts of contract law. In the mid twentieth century the Scots law of error was described as being in a ‘state bordering on chaos’ and more recent judicial statements continue to recognise […]
‘Contract Law and the Unexpected’: University College London, 16 May 2025
Commercial parties face uncertainty on a regular basis. Their contracts provide for risks and events that might occur during their contractual relationship, including those that cannot be (fully) controlled by the parties, and whose nature is not easy to foresee or be captured by the contractual parties’ expectations. One possible way of addressing the uncertainty […]
Ajunwa and Kamer, ‘Data Privacy by Contract’
ABSTRACT Protecting consumer privacy rights presents a particular challenge given the prevalence of data breaches. This Article notes that current law is woefully inadequate in protecting the privacy rights of consumers. Notably, the law fails in the following four areas: (1) classification of consumer data, (2) lack of a comprehensive approach, (3) after-the-fact focus, and […]