Monthly Archives: March, 2026
Miriam Cherry, ‘Abuse of Contract: A Proposal for a New Cause of Action’
ABSTRACT With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other […]
MacPherson and Sweeney, ‘Cryptoassets, security rights and diligence’
ABSTRACT In some respects, Scots law is currently ill-equipped to accommodate cryptoassets. While the Digital Assets (Scotland) Bill will clarify the status of cryptoassets as property, it does not address the law of security rights and debt enforcement (diligence). These may have been left for future reform, but they are important for dealing with cryptoassets […]
Lorna Richardson, ‘Rescission for breach of contract in Scots law’
ABSTRACT This article is the first to consider rescission (termination) for breach of contract holistically. It charts the history of rescission in Scots law, revealing that while the remedy has been said to be an English import there was, in fact, a native right to terminate a contract without resorting to court from the early […]
Ellen Rock, ‘Public Law Breaches and Private Law Wrongs: Government Liability in Tort for Acts beyond Power’
ABSTRACT No tort provides a direct remedy for loss arising from a flawed exercise of public power. However, it is not uncommon for a tort claim against government to raise questions regarding compliance or noncompliance with limits applicable to a statutory power. This article demonstrates that liability in these contexts might come to turn on […]
‘One Century Late: Negotiating Property of the Former Emperor’s Family’
The direct descendant of the last German emperor has proven to be a legal tyrant by intimidating historians, journalists, and others through numerous Strategic Lawsuits Against Public Participation (SLAPP). The prospect of long and expensive legal disputes has pressured the German state into an agreement that grants the royal heir significant control over the property […]
Benjamin Zipursky, ‘Pragmatic Conceptualism, Public Nuisance, and the American Opioid Litigation’
ABSTRACT Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the 20th century. The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars […]
Trust and Trusts in Commercial Law: University of Western Australia Law School, 3-4 December 2026
The aims of the conference are to provide academics with an informal and supportive environment in which to present work in progress, and to facilitate a collegial discussion of issues related to teaching and publishing in private and commercial law. We encourage early and mid-career academics and research higher degree students to consider presenting on […]
Dan Harris, ‘Israel, Defence Stocks and Divestments: Equity’s Intervention when LGPS Fiduciaries Play at Geopolitics’
ABSTRACT The Local Government Pension Scheme (‘LGPS’) is typically administered by local authorities. Somewhat incongruously with its localised nature, or even recent pooling measures, there are attempts by those campaigning for boycott, divestment and sanctions (‘BDS’) against the State of Israel to extend the reach of the town hall into the geopolitical arena. The decision […]
Amelie Berz, ‘Medical negligence in the age of statistically superior AI’
ABSTRACT As artificial intelligence (AI) systems increasingly outperform human clinicians in specific diagnostic tasks, legal debates have turned to whether such statistical superiority should create new obligations in medical practice. This article proposes a two-stage transparency framework, distinguishing ‘pre-deployment transparency’ from ‘post-deployment interpretability’, to clarify when clinicians may, must, or must not use or rely […]
Rohan Balani, ‘In Defense of Creditors’ Schemes for Mass Torts’
ABSTRACT Companies in the United States have increasingly turned to reorganization under Chapter 11 of the Bankruptcy Code to resolve mass tort claims. Notwithstanding this experience, Australian companies have hesitated to use similar processes to achieve the same goal. Instead, mass tort liability continues to be resolved through traditional class action litigation. This essay argues […]