Monthly Archives: May, 2026
Gralf-Peter Calliess, ‘Consumer Contracts under Article 6 Rome I’
ABSTRACT This chapter analyses purpose, scope, legislative history and content of Article 6 of the so called Rome I Regulation (EC/593/2008) on the basis of the normtext, jurisprudence of the CJEU and Member State courts as well as textbooks and law journal articles of leading experts in EU private international law. Calliess, Gralf-Peter, Consumer Contracts […]
Eva Litina, ‘Thirty years of the Unidroit principles of international commercial contracts: lessons learned and future prospects’
ABSTRACT International business transactions are subject to multiple laws in different jurisdictions. The need to access foreign laws in different languages leads to increased transaction costs and delays. Despite extensive unification efforts, uniformity remains an arduous task. The Unidroit Principles of International Commercial Contracts (PICC) are non-binding contract law principles designed to provide a neutral […]
Jose Alberro, ‘Counterfactuals and Causal Identification in Legal Damages’
ABSTRACT The but-for question, what would have happened absent the defendant’s wrong? sits at the center of compensatory damages across every legal system. This paper argues that damages practice has a problem with that question not at the level of estimation, where most of the debate is focused, but at the prior levels of defining […]
Schwarcz and Stewart, ‘Towards a Unified Theory of Business Law’
ABSTRACT This Article attempts to identify and unify the principles guiding business law – that is, the law regulating commerce, finance, bankruptcy, securities, and business organizations. Each such field of business is currently governed by its own corresponding field of law. This legal fragmentation can be costly and inefficient, however, producing overbroad and inconsistent rules […]
Kricheli-Katz and Marotta-Wurgler, ‘The Distributional Costs of Effective Consumer Regulation’
ABSTRACT Disclosure is a cornerstone of consumer protection regulation, yet little is known about its differential effects across consumers. We study how disclosure format influences decision-making across the income distribution, drawing on insights from behavioral research on financial scarcity. Prior work indicates that financial stress can activate a scarcity mindset, narrowing the cognitive resources available […]
Hourigan, Wilson and Lim, ‘A Modest and Principled Proposal for Civil Justice Reform in Ontario’
ABSTRACT Ontario’s civil justice system is in crisis. The current system does not provide for ‘access to justice’ under any sensible definition of the term and is increasingly inaccessible even for Ontario’s middle class. Consequently, lawyers and pundits have called for a massive increase in funding to the justice system. Such funding might address perceived […]
David Wilde, ‘Dishonestly assisting a breach of trust: where was the dishonesty in Hotel Portfolio II UK Ltd v Stevens?’
ABSTRACT This article suggests that, with respect, the Supreme Court may have neglected the issue of ‘dishonesty’ in Hotel Portfolio II UK Ltd v Stevens [2025] UKSC 28, [2025] 3 WLR 293, in relation to the ‘dishonest’ assistance of a breach of constructive trust found to have taken place. And that the judgment is another […]
Uglješa Grušić, ‘Jurisdiction in Employment Matters Post-Brexit’
ABSTRACT This article deals with the jurisdiction of the civil courts and employment tribunals in employment matters post-Brexit. It focuses on the somewhat defective transposition of the rules of jurisdiction in employment matters of the Brussels Ia Regulation in sections 15A and 15C-15E of the Civil Jurisdiction and Judgments Act 1982 and the unclear relationship […]
Anna Kretková, ‘Cyberattacks as grounds for liability exclusion in international sales of goods under CISG’
ABSTRACT The article examines how cyberattacks influence the allocation of liability under the United Nations Convention on Contracts for the International Sale of Goods (CISG). It focuses on a scenario where a seller’s systems are breached, and the buyer receives a phishing email with altered payment details. The fundamental enquiries posed are whether the vendor […]
Aubrecht and Karsunke, ‘Material Change in Circumstance, Force Majeure, Impossibility, and Related Doctrines: A Comparative Law and Economics Evaluation of the Impact of Recent Shocks on Private Contracting’
ABSTRACT This research addresses how shocks to markets impact private contracting. We compare how private contracting, and judicial systems have responded to Brexit, Covid 19, and the war in Ukraine. The UK, the US, France, and Germany are compared in terms of the legal doctrines that excuse performance due to a market-shocking event. We broadly […]