Category Archives: Contract
Weng and Yang, ‘The Blockchain Surplus’
ABSTRACT Blockchain permits immutable and total record-keeping in smart contracts. This can generate an economic surplus for all parties in our model of moral hazard where a longlived agent provides a service to a sequence of short-lived customers. Under traditional contracting, the agent treats all customers independently with a single static contract. The blockchain, by […]
Juan Diaz-Granados, ‘Exclusive Possession, “Contractualisation” and the Lease-Licence Dichotomy: A Reconsideration of Legal Categorisation in the Airbnb Era’
ABSTRACT Airbnb is one of the most disruptive companies in the ‘Sharing Economy’. Its business model is built upon a triangular structure of legal relationships that remains poorly understood and inadequately analysed in terms of legal classification. This article examines the issue of legal categorisation vis-à-vis the relationship between the Airbnb host and the Airbnb […]
‘Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court’
For many legal practitioners, the thought of a visual contract is terrifying. After all, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white […]
‘Arbitration Enforcement and Consent’
This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd v Antrix Corp Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the […]
Wilkinson-Ryan, Hoffman and Campbell, ‘Contracts for Everyone’
ABSTRACT The architects of American contract law – judges, lawyers, regulators and academics – know a lot about what litigated deals look like, but almost nothing about the contracting of ordinary people. This Article offers a wide-ranging empirical account of how non-elites interact with commercial law. It catalogs contract experiences and attitudes with an in-depth […]
‘Shaping Contracts for Work: The Normative Influence of Terms Implied by Law’
Shaping Contracts for Work: The Normative Influence of Terms Implied by Law by Gabrielle Golding [Oxford: Oxford University Press, 2023, xxv + 230 pp, ISBN 9780192867827]. In Shaping Contracts for Work, Gabrielle Golding has produced a monograph that focuses front and centre on the rationale(s) for, scope, content and duration of obligations imposed on employers […]
James Murray, ‘Towards a More Conventional Approach: Article 10 and Unfair Dismissal in England (Case Comment)’
ABSTRACT This case note considers the case of Aghajanyan v Armenia and gives comment on how it impacts protection for Article 10 Convention rights in the context of the employment relationship, with particular focus on how it might impact the development of the English law of unfair dismissal in the context of both current and […]
Nadiyah Humber, ‘Corporate-tech Landlordism – The New Era’
ABSTRACT Corporate landlords buy single-family rental homes en masse and employ property technologies to execute fully automated transactions and tenant communication systems. The rapid emergence of corporate landlords is inseverable from the property technologies that power the practice. As such, corporate landlords using property technology to mass acquire and rent single-family homes is referred to […]
Krebs and Bennett Moses, ‘Data Sharing Agreements: Contracting Personal Information In The Digital Age’
ABSTRACT Voluminous information about individuals is being shared every day and everywhere. Streamlining data sharing activities effectively allows public and private entities to use information for policy advancement, knowledge creation and business growth. At the same time, such sharing of personal information also risks harming individuals’ privacy and autonomy. How are data sharing activities governed […]
Ana Kvantaliani, ‘Transactions Concluded Under Duress and Immoral Transactions: Comparative Analysis’
ABSTRACT The following article examines legal transactions concluded under the defect of declaration of intent, more precisely, the interrelation of transactions concluded under duress (Article 85 of the Civil Code) and immoral transactions (Article 85 of the Civil Code). Confusion between immoral agreements and duress in Georgian judicial practice is commonplace. Duress, as a socially […]