‘Should English Contract Law Be Persuasive Precedent in American Cases?’

“International law has been finding its way into American common law as persuasive precedent for some time now. For example, in the US Supreme Court decision in Lawrence v Texas, Justice Kennedy cited to the European Court of Human Rights in support of the majority. But what about looking to recent decisions of British courts, the UK Supreme Court in particular, for persuasive precedent in US law? The foundations of American contract law are found in the English common law …” (more)

[Scott Maravilla, ContractsProf Blog, 11 July]

First posted 2016-07-12 06:28:03

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