Monthly Archives: October, 2024
Lauren Scholz, ‘Privacy and the Punitive Impulse’
ABSTRACT There is a relationship between privacy and the punitive impulse in American jurisprudence that legal scholarship has previously ignored. The punitive impulse offers one way of explaining the privacy law we have and can inform future policy choices. Through an original study of privacy tort cases, this Article finds a strong correlation between privacy […]
‘Thinking Freedom of Contract Sustainably’
At the time of writing this blogpost (18th of September 2024), large parts of eastern and central Europe are drowning in historical floodings. Would I have started writing this blogpost earlier on, I could have referenced to raging wildfires at the gates of Athens; floodings in southern Germany; record heatwaves in eastern Europe; and so […]
Katz and Feldman, ‘The Promise and Perils of Empathy in Contracts: Theoretical and Empirical Analysis’
ABSTRACT Legal sanctions, reputation costs, economic incentives, and social norms play a pivotal role in influencing behavior within contractual relationships. However, there are instances when individuals disregard breaches, even when doing so runs counter to their economic interests, and do not fulfill their contractual commitments or legal obligations. This article sheds light on a frequently […]
‘For tort claims (un)bearable passage of time’
Since the turn of the century the Dutch Supreme court delivers yearly two or three compelling decisions regarding the rules on prescription of tort claims. Prescription is the legal defence that bars civil actions on a claim after the expiry of a certain amount of time. Due to these ongoing developments in case law the […]
‘Parol Evidence and the CISG’
In MCC-Marble Ceramic Center, Inc v Ceramica Nuova d’Agostino, SpA (1998), the Eleventh Circuit held that the American parol evidence rule does not apply in cases governed by the UN Convention on Contracts for the International Sale of Goods (CISG). Article 8(3) of the Convention instructs courts, in determining the intent of the parties to […]
Gomez-Pomar and Beldowski, ‘Consumer Mortgage Loan Agreements in Foreign Currencies – Does One Solution Fit all?’
ABSTRACT Consumer protection in contracts concluded with credit institutions has received considerable attention from the national courts of various European countries in recent years. Unsurprisingly, the matter peaked after the wake of the global crisis of 2008 when consumers struggled with loan repayments in general. The Court of Justice of the European Union (CJEU) has […]
Bilsborough and Dodson, ‘How economic downturns affect legal markets’
ABSTRACT Periods of economic downturn are of keen interest to the law. The legal literature primarily focuses on how laws and legal markets affect – by contributing to or abating – economic downturns. This focus has left a sizeable gap in the literature analyzing the converse: how economic downturns affect law practice. The conventional wisdom […]
Masood Ahmed, ‘Revisiting compulsory alternative dispute resolution in the English civil justice system’
ABSTRACT This note critically considers the landmark decision of Churchill v Merthyr Tydfill County Borough Council in which the Court of Appeal confirmed that the courts could compel disputing parties to engage with alternative dispute resolution (ADR) processes provided any order or stay in favour of ADR did not undermine their right to proceed to […]
Eyal Zamir, ‘With no reason: allowing courts to decide cases without explaining their decisions’
ABSTRACT Contrary to the consensus that judges must provide reasons for their decisions, this article suggests that, subject to court approval, litigants in civil disputes should be allowed to agree to a non-reasoned ruling. Drawing on insights from legal and political philosophy, as well as behavioral law and economics, the article first discusses the pros […]
‘An express declaration of trust can be varied by a subsequent common intention constructive trust’
In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on, however to say that the declaration could be varied by subsequent agreement or be affected by proprietary estoppel (Stack, [49]). The question in Nilsson v Cynberg ([2024] EWHC […]