Monthly Archives: June, 2025
Aasmi Bali, ‘Can You Sell Your Soul? – The Enforceability of Ridiculous Contracts’
ABSTRACT The concept of absurd, or ridiculous, contracts (contracts so outrageous or unrealistic, such as the sale of a soul, that their enforceability strains the most fundamental principles of contract law) are explored in respect to their legal, philosophical, and ethical aspects in the present paper. Through doctrinal, case law interpretation, and comparative Indian, UK, […]
Merle Hope Weiner, ‘The Restatement of Torts and Recovery for Loss of the Human-Pet Bond After an Intentional Tort’
ABSTRACT This Article tracks the history of tort recovery for emotional harm that accompanies an intentional tort to a pet. After canvassing cases at early common law, the Article documents how three iterations of the Restatement of Torts contributed to the hostility and confusion regarding such recovery. Although section 21 of the Restatement (Third) of […]
Sumana Kundu, ‘Diagnosis Error and Liability Rules in Credence Goods Markets’
ABSTRACT This paper studies the impact of diagnosis errors on a credence goods expert’s pricing and treatment strategies and subsequently, on social welfare under alternative liability regimes: strict liability rule, no liability rule, and limited liability rule. Under strict liability, diagnosis errors lead to a ‘no-trade’ outcome, contrasting the ‘no-cheating’ result under perfect diagnosis. We […]
Velasquez, Nong, Nguyen and Venkatesh, ‘Relational Contracting for Sustainable Forestry: An Exploratory Study of Certification-Based Agreements in Vietnam’
ABSTRACT Vietnam’s forestry sector faces unique governance challenges due to its highly fragmented smallholder ownership, contrasting with concession-based models. As international markets increasingly demand sustainability certifications (eg FSC or PEFC), cost and complexity deter most smallholders, prompting wood processing firms to finance certification themselves. This creates a ‘reverse hold-up’ risk, where holders may side-sell at […]
Samuel Beswick, ‘The Defence of Public Necessity’
ABSTRACT This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse. The law rightly bars a damages remedy when a defendant […]
Weis and Mullins, ‘Does Nature Need Rights?’
ABSTRACT Rights of nature (RoN) appear to provide a promising alternative to anthropocentric environmental rights. But do they meet the demands of transformative green constitutionalist projects? This article addresses that question by examining the juridical dimensions of RoN. We draw on empirical studies of RoN laws to identify and examine the challenges of redeploying ‘rights’ […]
Sabine Jacques, ‘Humour as Strategy: The Commercial Risks and Boundaries of Trade Mark Parody’
ABSTRACT It is indisputable that humour occupies a significant role within society, serving as a means through which individuals can engage with and reflect upon themselves, their communities, and the broader world. As a communicative tool, humour can function as a catalyst for inclusive discourse and provide a platform for the voices of marginalised groups. […]
MacPherson and Sweeney, ‘Cryptoassets, Security Rights and Diligence’
ABSTRACT Cryptoassets, including cryptocurrencies such as Bitcoin, have become well-known, (sometimes) financially valuable and highly controversial assets. Yet from a Scots law perspective, academic commentary remains limited and there is an absence of reported cases. The Scottish Government has, however, recently consulted on digital assets, including cryptoassets, in Scots private law. Reform as proposed would […]
Joe Cho, ‘Freedom of Contract and M&A Termination Fees: Peculiar Case of South Korea vs United States’
ABSTRACT This manuscript offers a comprehensive survey of the liquidated damages regimes in the Republic of Korea and the United States, specifically within the framework of corporate mergers and acquisitions. In the Republic of Korea, liquidated damages play a crucial role in pre-estimating potential damages arising from contract breaches, offering numerous benefits such as reducing […]
Rzewuski and Rzewuska, ‘The public policy (Ordre Public) exception in succession cases in the European Union’
ABSTRACT Pursuant to the provisions of Regulation No 650/2012, ordre public is a legal concept that protects the fundamental values and principles of legal order in an EU Member State. Courts that adjudicate over succession matters apply the public policy exception to protect the fundamental principles of legal order in their respective countries. In practice, […]