Category Archives: Contract
Jordan English, ‘Employment contracts, conditions, and the relationship of employment’
INTRODUCTION This article has two purposes. The first is to answer a simple question: where an employee refuses to accept a wrongful dismissal by their employer and decides to keep the contract open, why are they unable to sue in debt for their salary or wages, instead being limited to a claim for damages? This […]
Tanya Monestier, ‘Amazon’s Dirty Little Secret’
ABSTRACT You need new earbuds because one of yours just went missing. You log onto Amazon and scroll through the endless array of options. You finally select a pair ‘Sold by’ Amazon and click ‘Buy Now’. Amazon promises to have the earbuds to you tomorrow. Have you ever wondered how it’s possible for Amazon to […]
Ardavan Arzandeh, ‘Interpreting Multiple Dispute-Resolution Clauses in Cross-Border Contracts’
ABSTRACT Cross-border contracts often contain a clause which purports to reflect the parties’ intention regarding how disputes arising from their agreement should be resolved. Some such contracts might feature a ‘jurisdiction clause’, thus signifying the parties’ wish to subject their disputes to litigation before the courts in a specific state. Others may include an ‘arbitration […]
Adam Shaw-Mellors, ‘“Reasonable endeavours” obligations in force majeure clauses’
ABSTRACT This article considers, and welcomes, the decision of the Supreme Court in RTI Ltd v MUR Shipping BV that an obligation to exercise reasonable endeavours in a force majeure clause does not impose a requirement to accept an offer of non-contractual performance. € (Westlaw) Adam Shaw-Mellors, ‘“Reasonable endeavours” obligations in force majeure clauses’, [2024] […]
William Fernando Martínez Luna and others, ‘Linking a Digital Asset to an NFT – Technical and Legal Analysis’
ABSTRACT NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked asset. This interdisciplinary article examines the technical and legal challenges of […]
Bar-Gill and Hayashi, ‘Present Bias and Debt-Financed Durable Goods’
ABSTRACT It has become common to view credit as problematic for present-biased consumers, who are tempted to incur too much debt because of its deferred costs. But while this view is generally valid when debt is used to finance current consumption, the picture becomes much more nuanced when credit is used to fund the purchase […]
‘District Court Enforces Hyundai’s Clickwrap Arbitration Clause Rolled Out in an Update’
John Tamburo sought to bring a class action against Hyundai Motor America Corporation (Hyundai) in connection with Blue Link and connected services. When he bought his Hyundai vehicle in 2017, Mr Tamburo agreed to certain terms and conditions relating to a Connected Services Agreement (CSA). According to those terms, Mr Tamburo agreed to the CSA […]
Ilya Somin, ‘The Presumptive Case for Organ Markets’
ABSTRACT The debate over legalizing organ markets has gone on for years, and the basic arguments are well-known. This chapter recasts the issue by emphasizing not just the nature, but the enormous magnitude of the considerations weighing in favor of legalization: saving tens of thousands of innocent lives, preventing prolonged suffering for many thousands more […]
Willey, Tran, Hinkle and Matthews, ‘Visual Contracts in US Courts’
ABSTRACT Visual contracts are what they sound like: contracts that use graphic elements and text to convey the meaning of an agreement. The visuals can include diagrams, cartoons, maps, flowcharts, timelines, and more. Other scholars have detailed many of the benefits of visual contracts and their adoption has become increasingly common outside the US, with […]
Aditi Bagchi, ‘Contract as Exchange’
ABSTRACT Most people agree that the institution of contract serves autonomy – or it should. But how? Philosophical theories of contract link contract and autonomy by way of an appealing intermediate principle such as the authority of the individual will, promissory morality or conventions of agreement. However, each of these theories is focused on the […]