Category Archives: Contract
Good Faith (Theoretical Inquiries in Law, September 2026 )
Introduction (Andrew S Gold and Yifat Naftali Ben Zion) An anatomy of good faith (Lusina Ho) Good faith, the excluder (Nick Sage) Trust, good faith and contractual relations (Prince Saprai) Choosing versus having to be loyal (Avihay Dorfman) Finding loyalty in good faith (Andrew S Gold and Geneviève Helleringer) Good faith in corporate law: between […]
Aditi Bagchi, ‘Fair Terms or Free Terms? The Dual Commitments of Contract Regulation in the United States’
INTRODUCTION American contract law has long been committed to competitive, private price setting. This commitment is captured in the basic tenets of contract law and competition policy, as well as the political discourse surrounding regulation of the market. Judges and legislators alike are reluctant to preempt private ordering. General contract law allows parties to set […]
Joseph Spooner, ‘Debt relief as climate policy: the role of personal insolvency law’
ABSTRACT Climate impacts extend beyond physical destruction to include widespread financial distress. This article explores the role that debt relief policies – particularly personal insolvency or bankruptcy law – might play within a range of measures to raise the capacity of individuals to withstand climate-related shocks. Through the cancellation of unpayable debt, personal insolvency acts […]
Roddy Cairns, ‘Implied contract terms: what if The Moorcock had been decided in Scotland?’
INTRODUCTION – WHY ARE WE TALKING ABOUT THE MOORCOCK? This article is adapted from a paper given at the University of Strathclyde Law School’s Scotify! event on 3 September 2025. The brief from the organiser of the event was to take a recent case from furth of the jurisdiction and apply the principles of Scots […]
Chu and Pollmann, ‘Debt, Judgment, and Security: Finality in Litigation from an Anglo-German Perspective’
ABSTRACT This paper compares English and German law in the context of a creditor who has recovered money judgment for part of a contractual debt, then seeks either to sue for the balance or to enforce a pre-existing security. Under English law, a second action for the balance is precluded by the doctrine of merger […]
Martijn Hesselink, ‘Beyond regulatory Contract Law: abolition, non-reformist reform, and prefiguration’
ABSTRACT This paper explores strategies beyond regulatory contract law for overcoming structural injustices produced and reproduced through contracts. In particular, it examines contract abolition, non-reformist contract reform, and prefigurative (non)contract practices. It suggests that these might be more likely strategies for overcoming social and interpersonal domination by contract than contract regulation. Contract abolition, the most […]
Butler and Tarawneh, ‘Keeping it quiet? A social contract theory of confidentiality in arbitration’
ABSTRACT Confidentiality is presented as a defining feature of international commercial arbitration, although its legal basis and enforceability vary across jurisdictions and institutions. This article argues that confidentiality is not an inherent attribute of arbitration, but a constructed consent-based procedural norm. Drawing on social contract theory, the article conceptualizes arbitration as a form of private […]
Adrian McCullagh, ‘Silicon Agents: Machines, Artificial Intelligence, and the Boundaries of Agency, Fiduciary Positions and Tortious Liability’
ABSTRACT This article addresses two related questions arising from the commercial deployment of so-called ‘AI agents’. First, it examines whether artificial intelligence systems can properly be regarded as agents, fiduciaries, or trustees in the legal sense recognised by the common law. Drawing on agency law in the United Kingdom, Australia, and the United States – […]
Kawka and Halama, ‘Objecting to Consumer Price Profiling: The Scope of Direct Marketing under Article 21(2)-(3) GDPR’
ABSTRACT The analysis concerns the classification of price profiling as processing for direct marketing purposes and the scope of the obligations arising from an objection. A doctrinal legal method is used to interpret Article 21(2)-(3) GDPR, examine CJEU case law and compare selected scholarly views and data protection authorities’ positions. Under the interpretation proposed, behaviour-based […]
Tomer Stein, ‘Epistemology At The Marketplace’
ABSTRACT People acquire knowledge from others, but the epistemic impact of the laws governing marketplace transactions is not directly studied. This Article groups together contract, agency, partnership, and corporate law as voluntary exchange law in order to assess its impact on our ability to acquire knowledge qua justified true beliefs (plus) from others. The Article […]