Category Archives: Contract
Anthony Gray, ‘Lawful Act Duress in Australia: An Argument for Good Faith’
ABSTRACT This article considers the doctrine of lawful act duress. It considers developments in the United Kingdom and Australia. Various doctrinal bases have been suggested for this doctrine. These include unconscionability, proportionality and good faith. The article critically considers each of these, before concluding that good faith is the best option. It provides specific examples […]
Chinglong Lim, ‘Regulating Unfair Terms in Standard-Form Contracts: A Comparative Study of French and Cambodian Law’
ABSTRACT This article examined the regulation of unfair contract terms in Cambodian consumer law through a comparative analysis with French and European Union legal frameworks. It focused on the widespread use of standard-form contracts in modern commerce. These contracts have increased concerns about structural imbalances between businesses and consumers, especially in jurisdictions where legal protections […]
Ishaq Kundawala, ‘Super-Efficient Breach in Bankruptcy: Recalibrating Remedies for Contract Rejection Damages’
ABSTRACT Contract law rests on a simple but powerful premise: when a party breaches, the law protects the injured party’s expectation interest, placing them, as nearly as possible, in the position they would have occupied had the contract been performed. This principle underlies the theory of efficient breach, which tolerates economically rational breaches so long […]
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 […]
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 […]
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 […]
Marcus Teo, ‘Strong Cause’
ABSTRACT Common law courts will enforce jurisdiction agreements unless they find ‘strong cause’ or ‘strong reasons’ not to. This article argues that the strong cause test is the product of the fact that jurisdiction agreements should generally be viewed as weighty factors under forum non conveniens. In particular, this is because a jurisdiction agreement reflects […]
‘Ordinary Contract Law’
Cathy Hwang and Justin Weinstein-Tull, ‘Contract Law and Civil Justice in Local Courts’, 2026 Wisconsin Law Review 1 (2026). Law students study landmark contract law cases; scholars write law review articles on contract law precedents and influential judicial decisions (typically from states’ appellate and supreme courts); and the media covers high-profile, high-value contracts and high-stakes […]