Category Archives: Contract
Peter Benson, ‘Some leading themes in the contract scholarship of Stephen Waddams’
ABSTRACT Among the leading themes in Stephen Waddams’s monumental contributions to the development and deeper understanding of modern contract law, this chapter focuses on two of the most fundamental that particularly preoccupied him throughout his career. The first concerns the proper significance and roles of equity and common law after their integration in 1875 in […]
Edward Iacobucci, ‘Trebilcock and trade-offs’
ABSTRACT Through discussion of a sample of his work, this article identifies a key theme in Michael Trebilcock’s astonishingly deep and broad body of scholarship: trade-offs matter. Trebilcock’s analysis of a House of Lords case, Macaulay v Schroeder Publishing, demonstrates the perils of one-sided economic analysis: the court ignored trade-offs in determining that a contract […]
Katy Barnett, ‘The Role of Currency in the Development of Modern Expectation Damages in Contract at Common Law’
ABSTRACT Expectation damages as the default remedy in the modern common law of contract developed relatively late, in the mid to late nineteenth century. This lecture will argue that the presence of a stable and standardised currency was an important precursor to the development, because it allowed the non-breaching party to purchase a substitute performance […]
Elena Alina Onţanu, ‘Relational Self, Harm, and Responsibility – A Contract Law Perspective in Response to the Montesquieu Lecture by Jonathan Herring’
ABSTRACT This paper responds to Professor Jonathan Herring’s Montesquieu Lecture on ‘Criminal Law and the Relational Self: Rethinking Conceptions of Harm and Responsibility in an Interdependent World’ by reflecting on how the tension between individualised and relational conceptions of the self manifests in contract law. While the principle of freedom of contract and party autonomy […]
Emanuele Scattarreggia, ‘AI-Driven Smart Contracts: Enhancing Consumer Protection or Exacerbating Consumer Protection Challenges?’
ABSTRACT The integration of artificial intelligence (AI) into smart contracts holds the potential to both enhance and exacerbate consumer protection challenges. Since the AI system embedded within the contract’s code enables a high degree of contractual personalisation – by tailoring the legal agreement to the unique characteristics of the targeted individual consumer, thanks to its […]
Quynh Nguyen Thi, ‘Foreseeability and Limitation of contractual damages in Roman law’
ABSTRACT This Article studies the limitation of liability for contractual damages in Roman law to examine whether foreseeability in contractual damages was formed in Roman law and its influence on the development of limitation of liability for contractual damages in modern law. It concludes that the limitation of contractual damages, without general rule, was discussed […]
Naheed and Maseehullah, ‘Reconciling Party Autonomy and Procedural Efficiency in Arbitration Consolidation’
ABSTRACT In the era of globalization in international trade, multi-party disputes and the interlocking of contracts bring about the problem of overlapping arbitration of disputes. This leads to inconsistent decisions and unnecessary costs. Arbitration consolidation, or the aggregation of related arbitrations into a single proceeding, offers a solution to these challenges. However, it creates significant […]
Douglas Brodie, ‘Oppressive Employment by Another Route: Franchise and Abuse of Power’
ABSTRACT The contract of franchise has received a surprising lack of attention in the UK courts. The decision in Ellis v John Benson [2025] EWHC 2096, where a franchisee was successful in establishing that the contract with the franchisor contained an implied obligation of good faith, is therefore of particular note. The decision is likely […]
Seyed Zavarei, ‘Teaching contracts backwards: benefits of starting with remedies in contract law pedagogy’
ABSTRACT This paper advances the thesis that beginning contract law instruction with remedies offers significant pedagogical advantages. While most contract law courses follow a traditional sequence beginning with formation, this paper claims that starting with remedies provides students with a more concrete foundation for understanding contract law’s theoretical underpinnings. The paper traces the historical development […]
Hansen, Fejős, Zeng and Gentile, ‘Teaching contract law with large language models: refining errorful learning for the digital age’
ABSTRACT This article investigates how the intrinsic fallibility of large language models (LLMs) can enhance the teaching and learning of contract law. Extending errorful learning theory, it conceptualises a new category of AI‑generated yet student‑shaped error and analyses how these mistakes can foster deeper engagement with unfair‑terms doctrine under the Consumer Rights Act 2015. A […]