Category Archives: Contract
English and Winzer, ‘The interpretation of oral contracts’
INTRODUCTION ‘[O]ne of the most fundamental principles’ of English contract law is that the parties’ rights and obligations are determined objectively (the objectivity principle). Whether the parties have formed an agreement, what the terms of that agreement are, and whether they intended for it to be legally binding ‘depends not upon their subjective state of […]
Andrew Tettenborn, ‘Stating facts and promising their truth: warranties, representations and the law of contract’
INTRODUCTION An awkward problem has recently arisen over misrepresentation in contract. It is hornbook law that a contractor can state a fact in the course of contractual negotiation without going so far as to promise that it is true. This is the intuitive idea underlying the long line of ‘mere misrepresentation vs warranty’ decisions familiar […]
‘What Is the Purpose of a Law Degree? AI In Contract Law Pedagogy from an EDI Perspective’
Too often, students use of generative AI (AI) is framed narrowly in terms of academic misconduct. However, this conference sought to go beyond this narrow conception of how AI is used. In particular, we examined how legal educators, students, and practitioners are using or engaging with AI in order to shift the narrative from one […]
Vivien Chen, ‘Buy Now and Pay Later and Its Latent Risks’
ABSTRACT Buy Now Pay Later (BNPL) has been lauded as one of the latest global trends in smart ‘ways to pay’, riding on the wave of digital disruption that has gained traction internationally. At the same time, concerns have been raised over harm to vulnerable consumers becoming mired in unanticipated debt. This article facilitates a […]
Wilske and Adams, ‘International Arbitration in Times of Disruption – Or: An Invitation for “Dancing in the Dark”’
ABSTRACT This article examines how international arbitration is adapting to an era of persistent global disruption marked by geopolitical upheaval, armed conflict, climate-related disasters, supply chain fragility, pandemics, and rapid technological change. It argues that while these overlapping ‘polycrises’ strain traditional doctrines such as force majeure, hardship, and foreseeability, they do not render arbitration obsolete; […]
Margarida Lima Rego, ‘Bidding Farewell to Good Family Fathers: Advancing the Role of Private Law in the Promotion of Just and Inclusive Societies’
ABSTRACT This paper examines the use of the expression bonus pater familias in the Portuguese law of obligations as a reference to the standard of care applicable to the performance of a contractual obligation. The paper acknowledges the law’s harmful effects in perpetuating discriminatory gender stereotypes. However, its main goal is to look beyond that, […]
Chris Dent, ‘Governmentality and the Common Law: Expansion of “Mind” 1835-1885’
ABSTRACT The nineteenth century saw significant changes in how the law articulated the assessment of those who came before the courts. The judges made greater, and more refined, use of the concept of the mind as a way to refer to the internal lives of the parties. Using a Foucauldian lens, judgments from the sub-disciplines […]
ACL Davies, ‘Zero-hours work in the Employment Rights Act 2025’
INTRODUCTION The term ‘zero hours’ is generally used to describe a form of work in which the employer does not guarantee the worker any particular amount of work, or any work at all. This enables the employer to tailor the supply of labour very precisely to its needs. For example, if the workplace is getting […]
O’Brien and Ali, ‘“An Increasingly Middle-Class Phenomenon”: The Causes and Impacts of Financial Hardship in Australia’
ABSTRACT Since the 1980s, the ‘financialisation’ of everyday life has transformed the way consumers manage their money. Credit has assumed a central role in the economy and has become an accepted means of funding consumption. During this period, rates of personal insolvency have increased significantly. This phenomenon has not been limited to low-income groups but […]
Del Hierro and Francisco, ‘The Unconscionability Doctrine Versus The Gross Disparity Doctrine’
ABSTRACT This article proposes that the American unconscionability doctrine replace or complement the Ecuadorian gross disparity doctrine (lesidn enorme), a change that requires reformation of Ecuador’s Civil Code. To understand this proposal, this article uses a comparative analysis of both doctrines, arguing that even though the United States’ unconscionability doctrine and the Ecuadorian gross disparity […]