Category Archives: Contract
‘Re-designing rights to terminate on reasonable notice’
In Zaha Hadid Ltd v The Zaha Hadid Foundation, the High Court confirmed that agreements of indefinite duration would not necessarily be interpreted to include bilateral termination rights and that the absence of such rights did not mean the relevant agreements operated in restraint of trade … (more) [A&O Shearman, 7 January 2025]
Naivi Chikoc Barreda, ‘Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking’
ABSTRACT The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction […]
Niva Elkin-Koren, ‘Back To The Future: Navigating The Copyright/Contract Interface In The Generative AI Era’
INTRODUCTION … In a series of articles, Samuelson developed a framework for addressing these issues, proposing principles to guide courts in determining when copyright should override contractual restrictions. In essence, she argued that mass-market license restrictions, which undermined the core objectives of copyright policy, should be overridden. This straightforward principle, guided by copyright fundamentals, offers […]
Lee and Fricotté, ‘DAO Token Transferability: Property, Contract, and Technology’
ABSTRACT A Decentralised Autonomous Organisation (DAO) is a new form of digital enterprise that operates on blockchain networks. It enables a new model of collaboration through diverse capital contributions and equitable sharing of benefits and risks. This paper explores the legal dimensions of DAO token transferability, a vital aspect for the expansion of DAO operations. […]
Dimitar Stoyanov, ‘The Unexpected Comparison between Lock-Out Agreements and Non-Alienation Clauses’
ABSTRACT The present article traces the legal development of lock-out agreements as a means to fill the legislative gap on pre contractual liability in English law. The essence of this agreement lies in the temporary obligation, assumed by the seller of an object, not to enter into new negotiations and to dismiss existing negotiations with […]
Bix and Parisi, ‘Fairness in Contract Law: An Impossibility Theorem’
ABSTRACT Scholars have long debated whether contract law should prioritize maximizing efficiency and social welfare or, instead, prioritize justice, fairness and other deontological values. The debate is partly prescriptive (what should we try to do with contract law rules) and partly conceptual (how should we understand contract law). This chapter surveys central positions in this […]
Rockett, Fenwick and Jurcys, ‘Fashion 4.0 and emerging designers: leveraging data and AI to drive creativity, innovation and compliance in global supply chain regulation’
ABSTRACT This paper presents three interrelated arguments concerning the fashion industry and regulation. First, we propose that Bertola’s and Teunissen’s concept of Fashion 4.0 offers a powerful framework for understanding the organization of global fashion today. This model emphasizes the dynamic, decentralized and technology-driven character of the ‘smart factories’, ‘smart networks’ and ‘smart products’ that […]
Eyal Zamir, ‘Disclosures, Defaults, and Mandatory Rules: Conceptions and Misconceptions’
ABSTRACT This contribution to the Oxford Handbook of Regulatory Contract Law (Alexander Hellgardt and Yeşim Atamer eds, forthcoming) begins by analyzing the basic characteristics of the three most common modes of regulating contracts: disclosure duties, substantive default rules, and substantive mandatory rules. It then argues that there are no clear boundaries between these modes of […]
Okoli and Oppong, ‘Enhancing the Draft African Principles on the Law Applicable to International Commercial Contracts’
ABSTRACT This article examines the draft African Principles on the Law Applicable to International Commercial Contracts, evaluating current and proposed choice of law rules in numerous African countries and incorporating global comparative perspectives. It argues that the African Principles should not only largely echo regional/supranational and international instruments like the Rome I Regulation and the […]
Vanessa Mak, ‘Redefining equality in European contract law: protecting consumer interests in a post-consumer society’
ABSTRACT Consumers have in law been defined as the weaker parties in a transaction. Contract laws have integrated consumer protection with a view to balancing the interests of the parties, ensuring equal bargaining power and to some extent substantive fairness in contractual relations. Rules of consumer protection have therefore, from a contract lawyer’s perspective, been […]