Monthly Archives: August, 2024
‘The Case Against Static Contract Remedies’
Kimberly D Krawiec and Nathan B Oman, ‘The Case for Specific Performance of Personal Service Contracts’, 110 Iowa Law Review (forthcoming, 2025), available at SSRN (17 May 2024). Professors Krawiec and Oman’s insightful new article caught my eye, having myself challenged various contract remedial rules in my research and writing over the years. The title […]
David Winterton, ‘Reassessing “Reliance Damages”: The High Court Appeal in Cessnock City Council v 123 259 932 Pty Ltd’
ABSTRACT The forthcoming appeal in Cessnock City Council v 123 259 932 Pty Ltd affords the High Court an opportunity to reconsider the law governing the recovery of expenditure incurred in reliance upon an unperformed contractual promise. The appeal’s central focus is likely to be the nature and status of the so-called ‘presumption of recoupment’ […]
‘Property and Contract Are Dead. Long Live Economic Rights!’
… Philosophers, economists, lawyers, and the public continue to use the terms ‘property’ and ‘contract’ to describe our shared economic system, even though this system has long since transformed into something different. We are no longer clearing land for small farms over which we have ‘sole and despotic dominion’; rather we are working alongside others […]
Frank Schaefer, ‘The Non-Social Purpose of Private Law: A Reply to Otto von Gierke’
SUMMARY The reasons presented by Otto von Gierke in his famous speech The Social Purpose of Private Law for a hybridisation of private law towards a social private law are not convincing anymore. Private law is not intrinsically social. Rather, the protection of the weaker party, for example through redistribution, is attributed to public law. […]
Trade Marks – special number of the New Zealand Law Review (August 2024)
Adjudication at IPONZ under the Trade Marks Act 2002 (Kevin Glover) Guest Editor’s Foreword (Rob Batty) Introductory Remarks (Brendan Brown) Key Issues and Influences for the Trade Marks Act 2002 (Andrew Brown) Non-Traditional Trade Marks: Reflections on the Trade Marks Act 2002 (Mitchell Adams and Amanda Scardamaglia) Bad Faith: A Section Whose Time has Come? […]
Markus Puder, ‘Dystopian or Not: Alternate Realities for Thibaut and Von Savigny’s Codification Debate’
ABSTRACT In 1814, after Napoleon’s military defeat and with major European political re-alignments afoot, two German law professors of Huguenot lineage – Anton Friedrich Justus Thibaut and Friedrich Carl von Savigny – debated the question of whether Germany was ripe for a national code that could replace the motley patchwork of legislated and customary laws […]
‘Land Law poetry: ad-VERSE possession?’
There is plenty of poetry about land and landscape but, strangely, not so much on your actual Land Law. It is always nice, then, to come across a work of Land-Law-relevance. There is one such piece in the Welsh language newspaper, Y Darian, for 21st February 1918. Yes, in the depths of certain other global […]
Justin P’ng, ‘The Resurrection Will Not Be Televised: Legal Remedies for Posthumous Deepfakes’
ABSTRACT Advancements in the development of deepfakes, synthetic media designed to appear authentic, have spawned a series of use cases ranging from the innocuously entertaining to the injuriously exploitative. On the latter end of this spectrum, a relatively understudied application is posthumous deepfakes, the digital manipulation of the image and likeness of the deceased. The […]
Parisi, Bigoni, Bortolotti and Zhang, ‘Do Contract Remedies Affect Efficient Renegotiation? An Experiment’
ABSTRACT Rational parties enter into a contract if the agreement is mutually beneficial. However, after the contract is formed, changes to the costs and/or benefits of performance may render the original contract undesirable. In this paper, we carry out an incentivized experiment to study the effect of alternative remedies on the parties’ ability to renegotiate […]
Clare Ryan, ‘The Public/Private Home’
ABSTRACT Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public – work, school, social life – have moved into the private sphere of the home. While at the same time, private […]