Category Archives: Contract
Moshood Abdussalam, ‘Is Land Really Unique?: Revisiting Specific Performance as the Default Remedy for Land Sale Contracts in New Zealand’
ABSTRACT The argument put forth in this article is that land sale contracts, unless proven to possess unique characteristics, are not inherently different from other types of contracts. The article proposes a shift from treating specific performance as the default remedy for enforcing land sale contracts. Instead, the remedy of specific performance should be considered […]
Aleksandrs Fillers, ‘Extension of consumer protection in EU private international law’
ABSTRACT The protection of weaker parties is one of the cornerstones of EU private international law. Consumers are traditionally regarded as typical weaker parties that deserve special protection at the level of private international law. The Brussels Ia Regulation and the Rome I Regulation do not protect all consumers. To be protected, consumers must meet […]
Kenneth Abraham, ‘The Structure of Insurance Law’
ABSTRACT In this Article I provide an account of the conceptual and doctrinal structure of insurance law, defining ‘structure’ as the consistent arrangement and organization of the interrelated elements of this body of law. I contend that insurance law consists of three types of rules, defined by their scope of application. General rules apply to […]
‘Blurred lines: when a warranty is really a representation’
Can a warranty cross the line into an actionable misrepresentation? The answer: it depends on the drafting. Gopher acquired Finalto in 2022, beating a consortium led by Finalto’s CEO and COO, Hoffman and Greenbaum. Pending agreement of definitive documents, the parties entered into documents including an Equity Term Sheet promising Hoffman and Greenbaum equity in […]
Samples, Ireland and Beelen, ‘Introducing a New Longitudinal Corpus of Digital Contracts, 1999-2025’
ABSTRACT The terms of use (TOUs) of major digital platforms are among the most prolific contracts in human history, yet their evolution over time remains largely unexamined. Efforts to study change in digital contracts are hindered by their ephemeral nature and the scarcity of publicly available data. This paper introduces the Longitudinal Digital Terms Corpus […]
Bix and Parisi, ‘Punishment and Its Relative Absence in Contract Law’
ABSTRACT The conventional view rejects punitive damages for breach of contract on the ground that expectation damages adequately protect the promisee while preserving the possibility of efficient breach. This Article reconsiders the traditional compensatory boundary of contract remedies, disentangling the compensatory and incentive functions of contract remedies and, in doing so, shows that not every […]
Dudás and Király-Szitás, ‘The Evolution of the Legal Institute of Convalidation of Null and Void Contracts in the Yugoslav Legal Tradition: Historical Influences and Legal Legacy’
ABSTRACT Contract law is fundamentally shaped by the tension between fairness and enforceability, a balance that defective contracts often disrupt. While formal requirements are introduced above else to safeguard public policy goals – such as ensuring legal certainty – subsequent validation of defective contracts (convalidation) serves to rectify them, primarily focusing on the private interests […]
Enrico Baffi, ‘Mistake as a Defect of Consent: The Strengths and Weaknesses of the Italian Approach Compared with the US Approach’
ABSTRACT This essay aims to conduct a comparative inquiry into the doctrine of unilateral mistake in US and Italian contract law, adopting the methodological lens of law and economics in order both to examine the effects that the various rules produce on the conduct of contracting parties and to express an assessment, in terms of […]
David Cabrelli, ‘Labour Market Monopsony/Oligopsony in the UK: Putting Labour Law to Work’
ABSTRACT Neoclassical economics holds that although labour markets will be marred by monopsony/oligopsony when they are not perfectly competitive, the likelihood of such a state of affairs is vanishingly small. However, recent research is mounting a formidable challenge to this assumption: data show that labour markets in many parts of the UK landmass and economy […]
Allyson Gold, ‘Asymmetrical Tenancies’
ABSTRACT Tenant screening reports are a standard feature of the rental application process. These reports provide landlords with comprehensive histories on prospective tenants’ civil court records (with an emphasis on eviction filings), credit history, and criminal records. While the reports are touted as tools to help landlords mitigate risk involved in tenant selection, the reality […]