Monthly Archives: January, 2025
Muzainy Shahiefisally, ‘Bringing Coherence To The Law: The Internal Basis For Vicarious Liability’
ABSTRACT This article contends that the current bases for imposing vicarious liability are incoherent and suggests further that the external approach to vicarious liability is untenable. In its place, this article suggests that the tools necessary to develop a coherent principle for the imposition of vicarious liability are already immanent in the structure of the […]
Marie Reilly, ‘The Unconscionably Short Warranty’
ABSTRACT A typical consumer product warranty covers products for defects that appear before the warranty period expires. If the manufacturer warrants a vehicle for 5 years or 60,000 miles, whichever occurs first, problems that require repairs after the warranty period expires are outside the warranty and therefore the buyer’s problem. Advocates for consumer buyers have […]
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]
Peter Devonshire, ‘Leaving Can Be So Hard: The Liability of a Fiduciary Employee for Breach of Confidence on Termination of the Employment Contract’
ABSTRACT An employee owes common law and equitable duties to his or her employer. Both import duties of fidelity and loyalty. The most significant difference lies in the nature and scope of remedies for breach of those obligations. In this setting, the demarcation between law and equity can be elusive, particularly if an employee occupies […]
Coe, Moosavian and Wragg, ‘Addressing strategic lawsuits against public participation (SLAPPs): a critical interrogation of legislative, and judicial responses’
ABSTRACT Strategic Lawsuits Against Public Participation (SLAPPs) are abusive legal actions or threats brought by powerful parties to suppress criticism. This article is the first to interrogate the efficacy of the policy and legislative responses to SLAPPs in Europe and in England and Wales. It is also the first to provide extensive analysis of how […]
‘Land as Land and Land as Wealth’
Jessica A Shoemaker, ‘Re-Placing Property’, 91 University of Chicago Law Review 811 (2024). Professor Shoemaker, in her article, ‘Re-Placing Property’, shines a light on a surprisingly understudied, yet immensely important point. She explores that the law of real property encompasses both situations when land is held for its use value and when it is held […]
Binns and Edwards, ‘Reputation Management in the ChatGPT Era’
ABSTRACT Generative AI systems often generate outputs about real people, even when not explicitly prompted to do so, leading to significant reputational and privacy harms, especially when sensitive, misleading, or false. This paper considers what legal tools currently exist to protect such individuals, with a particular focus on defamation and data protection law. We explore […]
‘Top 10 Defamation Cases of 2024: a selection’
Inforrm reported on a large number of defamation cases from around the world in 2024. Following a now established tradition, with our widely read posts on 2017, 2018, 2019, 2020, 2021, 2022 and 2023 defamation cases, we present our selection of legally and factually interesting cases from England, Australia, New Zealand and Canada from the […]
Christoph Engel, ‘The Negotiation Trap: An Experiment on a Large Language Model’
ABSTRACT In an experiment on the large language model GPT-4o, a supplier always makes a higher profit if it replaces uniform contract terms with a set of terms between which the customer may choose. The extra profit results from price discrimination. There is a first order and a second order effect. The first order effect […]
Jane Calderwood Norton, ‘Weighing Benefits and Detriments in the Law of Charity’
ABSTRACT An essential requirement for charitable status is that the organisation or trust is for the public benefit. While the concept of public benefit can be hard to pin down, one way it has been determined is by weighing the potential benefits of the charitable purpose against any potential detriments. It argues that this balancing […]