Category Archives: Contract
Eleonora Dimitrova, ‘Contract Interpretation in English Law: Doctrinal Analysis, Practical Guidance, and Student Exercises’
ABSTRACT Contract interpretation occupies a central and persistently unstable position in English private law. Since Investors Compensation Scheme v West Bromwich Building Society, courts have formally rejected literalism while continuing to rely on proxies of objectivity – textual primacy, commercial common sense, and the reasonable observer – to constrain judicial discretion. The result is not […]
Sujoko Bagus and others, ‘Interpretation of Jimenez’s Theory in Contract Law Practice in Indonesia’
ABSTRACT Contract law practice in Indonesia tends to resolve disputes through economic compensation, overlooking the moral and social dimensions inherent in contractual relationships. This gap exists between the current formalistic civil law approach and the need for substantive justice, raising questions about the adequacy of the existing legal framework to fully remedy damages. This research […]
Call for papers: Embedding AI in Contract Law Pedagogy: An Equality Diversity and Inclusion Perspective (Queen’s University Belfast, 20 March 2026)
The conference aims to create a collaborative platform for embedding Contract Law pedagogy through AI-enhanced teaching practices that are attentive to Equality, Diversity and Inclusion (EDI). Through scholarly and practice-based contributions, the conference will work towards the development of a bespoke roadmap for curriculum transformation that reflects diverse learning needs, institutional contexts, and professional expectations […]
Enrico Baffi, ‘The Regulation of Contracts Entered under Coercion: Positive Law in the Light of Efficiency and Fairness’
ABSTRACT This Article examines the regulation of contracts formed under coercive conditions, focusing on cases in which consent is formally voluntary but substantively constrained by duress, necessity, or dependence. It argues that doctrines traditionally justified in terms of fairness or protection of the weaker party are best understood, and more coherently interpreted, through the lens […]
‘Standard forms and interpretation norms’
The UK Supreme Court has ruled on the interpretation of clauses in a standard form JCT Design and Build Contract. For the construction industry, the case is useful for illuminating the meaning of certain ambiguous JCT Design and Build clauses. However, more generally, the case is interesting for the Supreme Court’s comments on the interpretation […]
Lev Goukassian, ‘TML Smart Contracts: Automating Ethics and Accountability on the Blockchain’
ABSTRACT This whitepaper details the economic and operational enforcement layer of the Ternary Moral Logic (TML) framework. Addressing the ‘Implementation Gap’ in AI ethics, this paper demonstrates how to replace voluntary compliance with automated, smart-contract-based enforcement mechanisms. The analysis defines the economic game theory behind: The Penalty Enforcement Contract: A deterministic mechanism for executing financial […]
Lamia Akhter and others, ‘Battle of Forms under the Contract Act, 1872’
ABSTRACT The battle of forms arises in commercial contracting when merchants exchange conflicting standard (‘boilerplate’) terms yet proceed to perform as if a contract exists. Under classic contract doctrine, acceptance must ‘mirror’ the offer, so any variance creates a counter-offer. This gives rise to competing doctrines: the Mirror Image Rule, the Last-Shot Rule, and the […]
Wayne Barnes, ‘CISG (2025 Survey)’
ABSTRACT This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and […]
Arnow-Richman and Verkerke, ‘Defusing Disclaimers’
ABSTRACT This Article tackles the ubiquitous problem of employer-drafted ‘disclaimers’. Disclaimers are standardized provisions, found in a variety of human resources documents, that confirm employees’ at-will status. They typically preserve employers’ right to change the terms of employment at any time, sometimes without advance notice. The most careful disclaimers also renounce the legal significance of […]
‘Slowing Down the Clicks’
Brett Frischmann and Moshe Y Vardi, ‘Better Digital Contracts with Prosocial Friction-in-Design’, 65 Jurimetrics Journal 1 (2025). Brett Frischmann and Moshe Y Vardi’s article, ‘Better Digital Contracts with Prosocial Friction-in-Design’, wrestles with perhaps the most vexing problem facing contract law today – what to do about the proliferation of digital contracts that infest our screens. […]