Category Archives: Contract

Jamilya Kamalova, ‘Exploring Blockchain-Based Alternative Dispute Resolution: Limitations of Traditional Methods and Prospects for Further ResearcH’

ABSTRACT The paper explores the potential advantages of blockchain technology in facilitating dispute settlement, building upon previous studies of alternative dispute resolution (ADR) and online dispute resolution (ODR). The theoretical framework attempts to combine the ideals of liberal theory with the reality of legal pluralism encountered in many states. Through an overview of the limitations […]

‘Who is bound by Choice of Court Agreements in Bills of Lading?’

According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. However, there are exceptions to the privity doctrine where a third party may be bound by or derive benefit from a choice of court agreement, even if it did […]

Rohit Chopra, ‘Enforcing the Post-Financial Crisis Ban on Abusive Conduct’

ABSTRACT Government enforcers have long contended with corporate misconduct, from the abuses of corporate power and monopolization of the late 19th and early 20th centuries to the set up to fail products and digital dark patterns of the 21st century. This Article explains the Consumer Financial Protection Bureau’s (CFPB) Policy Statement on Abusive Acts or […]

Lorenza Acquarone, ‘The Indian Contract Act – background and case law’

ABSTRACT This article aims to illustrate the background and the case law of the Indian Contract Act, enacted in 1872. It also tries to provide a comparison between the law introduced in India and the model which is the English Common Law of Contract based on the English law of the time. Indeed, the provisions […]

Marc Moore, ‘Commercial Common Sense in Contract Interpretation: A Legal Realist Analysis’

ABSTRACT The forthcoming UK Supreme Court decision in Union of Shop, Distributive and Allied Workers (‘USDAW’) v Tesco Stores is eagerly awaited throughout the legal community. For labour lawyers, the case provides a valuable opportunity to interrogate the legality of the controversial ‘fire and rehire’ practices that have become a constant of the industrial relations […]

Robin Boyle, ‘Undoing Undue Influence: How the Doctrine Can Avoid Judicial Subjectivity by Omitting the Vulnerability Element’

ABSTRACT This article addresses the flaws of the doctrine of undue influence. When deciding contractual disputes, courts are concerned about the fairness of the transaction. One defense to the enforcement of a contract is the theory that undue influence was asserted. The problem with this defense is that subjectivity has crept into the decision-making process. […]

Grochowski, Esposito and Davola, ‘Price Personalization vs Contract Terms Personalization: Mapping the Complexity’

ABSTRACT Algorithmic pricing did not arise in a vacuum but is part of a wider phenomenon of using personal data to profile individuals on the market and make predictions about their preferences and behaviour in future market settings. The potential for price personalization is one of the most important and salient aspects of the wider […]

Anita Bernstein, ‘Privity 2.0 May Be Even Better for Tort Defendants’

ABSTRACT Privity reinvigorated in the current century comes with a few tradeoffs, to be sure. It does not have the pre-MacPherson sweeping power to vaporize an unwanted complaint, especially one alleging physical injury, but in some respects it is more useful for entities that line up on Team Defendant. If pre-MacPherson privity had been a […]

Kapur and Trehan, ‘A Course Correction on Liquidated Damages in India’

ABSTRACT The law on liquidated damages and penalties, in the words of Lord Neuberger and Lord Sumption, is ‘an ancient, haphazardly constructed edifice which has not weathered well’. Diplock LJ declared that he could make no attempt, where so many others have failed to rationalize this common law rule. This paper will look at the […]

‘Duress in Contract and Restitution for Unjust Enrichment: Lessons from Mistake’

… This article is highly recommended. From a similar starting point, and drawing similar distinctions, I would go further. In the law of Contract, the mistake that will render a contract void at law is a fundamental one (see, eg, Bell v Lever Bros Ltd [1932] AC 161, [1931] UKHL 2 (15 December 1931); Fitzsimons […]