Monthly Archives: May, 2024
Nick Sage, ‘Reconciling Contract Law’s Objective and Subjective Standards’
ABSTRACT Although the common law of contract is often said to favour ‘objectivity’, it sometimes seems to adopt a ‘subjective’ standard. The apparent tendency to switch between rival standards troubles many contract scholars. In response, some seek to vindicate objectivity alone as the one true standard. Others propose a single abstract theoretical rationale that can […]
‘Towards Resolving a Contradiction of Trust Law’
Adam S Hofri-Winogradow, ‘The Irreducible Cores of Trust Obligations’, 139 Law Quarterly Review 311 (2023), available at SSRN (30 May 2023). Trust settlors transfer gifts to trustees, but intend to benefit only the trust’s beneficiaries. So trust law ensures that trustees, who legally ‘own’ trust property, are constrained in their actions by legal rules and […]
Li and others, ‘Mapping the Empirical Evidence of the GDPR’s (In-)Effectiveness: A Systematic Review’
ABSTRACT In the realm of data protection, a striking disconnect prevails between traditional domains of doctrinal, legal, theoretical, and policy-based inquiries and a burgeoning body of empirical evidence. Much of the scholarly and regulatory discourse remains entrenched in abstract legal principles or normative frameworks, leaving the empirical landscape uncharted or minimally engaged. Since the birth […]
Sébastien De Rey, ‘Apologies as a Private Law Remedy: Emerging on the European Continent, and Beyond?’
Sorry seems to be the hardest word, sang Elton John in his 1976 hit song. And indeed, apologizing can be incredibly difficult, even when we know we have done something wrong. It requires us to acknowledge our mistakes, take responsibility for our actions, and show genuine remorse. While apologizing can be difficult for the person […]
Sergio García Long , ‘While English Lawyers Say No, Civil Lawyers Say Yes. The Intriguing Case of Frustration of Purpose in Comparative Law’
ABSTRACT A curiosity in comparative law is found in the doctrine of frustration of purpose, created by the English courts in 1903, which never took flight and remained a rarity of exceptional application, but at the same time, it was looked upon favorably by certain civil lawyers – especially Latin-Americans – who defended the importation […]
Mary-Elizabeth Tumelty, ‘Delay and settlement: The disposition of medical negligence claims in Ireland’
ABSTRACT Reflecting the international experience, statistics show that most medical negligence cases in Ireland settle. Less is known, however, about the duration of these cases, though anecdotal evidence suggests that they are protracted in nature. Procedurally focused reforms, aimed at reducing costs and facilitating more expedient resolution of these disputes have been proposed in Ireland, […]
Emile Zitzke, ‘Transformative Legal History and the (Re)Classification of the South African Law of Delict’
ABSTRACT The South African law of delict is traditionally classified as a private-law discipline. This classification is usually made with reference to the actor, power and interest theories. According to the actor theory, private law regulates disputes between non-state actors inter se while public law regulates disputes involving the state. The power theory maintains that […]
Edward Lee, ‘Prompting Progress: Authorship in the Age of AI’
ABSTRACT This Article examines a question of profound importance today: do the works people create using AI qualify for copyright? The Article explains why the Copyright Office’s new guidance excluding AI-generated works from copyright is wrong. The Copyright Office’s newfound requirement of the so-called ‘traditional elements of authorship’ – including sufficient control, avoidance of random […]
Barker and Bristow, ‘Unjust Enrichment in Australia 2021-2022’
ABSTRACT This review contains a summary and commentary upon developments in the law of unjust enrichment law in Australia in the year 2021-2022. The period covered does not feature any decisions handed down by the High Court of Australia, but appellate decisions of particular note reported include: Redland City Council v Kozik [2022] QCA 158 […]
Caterina Sganga, ‘Does Copyright Ease Inclusivity of Differently Able Individuals?’
ABSTRACT As a response to the new threats posed by digital technologies, the WIPO Internet Treaties (1996) launched a new waves of copyright reforms, which broadened the range of exclusive rights, compressed exceptions and limitations, and introduced sanctions against the circumvention of technological protection measures implemented by right-holders. This tilt in the copyright balance worsened […]