Category Archives: Contract
Emanuele Scattarreggia, ‘AI-Driven Smart Contracts: Enhancing Consumer Protection or Exacerbating Consumer Protection Challenges?’
ABSTRACT The integration of artificial intelligence (AI) into smart contracts holds the potential to both enhance and exacerbate consumer protection challenges. Since the AI system embedded within the contract’s code enables a high degree of contractual personalisation – by tailoring the legal agreement to the unique characteristics of the targeted individual consumer, thanks to its […]
Quynh Nguyen Thi, ‘Foreseeability and Limitation of contractual damages in Roman law’
ABSTRACT This Article studies the limitation of liability for contractual damages in Roman law to examine whether foreseeability in contractual damages was formed in Roman law and its influence on the development of limitation of liability for contractual damages in modern law. It concludes that the limitation of contractual damages, without general rule, was discussed […]
Naheed and Maseehullah, ‘Reconciling Party Autonomy and Procedural Efficiency in Arbitration Consolidation’
ABSTRACT In the era of globalization in international trade, multi-party disputes and the interlocking of contracts bring about the problem of overlapping arbitration of disputes. This leads to inconsistent decisions and unnecessary costs. Arbitration consolidation, or the aggregation of related arbitrations into a single proceeding, offers a solution to these challenges. However, it creates significant […]
Douglas Brodie, ‘Oppressive Employment by Another Route: Franchise and Abuse of Power’
ABSTRACT The contract of franchise has received a surprising lack of attention in the UK courts. The decision in Ellis v John Benson [2025] EWHC 2096, where a franchisee was successful in establishing that the contract with the franchisor contained an implied obligation of good faith, is therefore of particular note. The decision is likely […]
Seyed Zavarei, ‘Teaching contracts backwards: benefits of starting with remedies in contract law pedagogy’
ABSTRACT This paper advances the thesis that beginning contract law instruction with remedies offers significant pedagogical advantages. While most contract law courses follow a traditional sequence beginning with formation, this paper claims that starting with remedies provides students with a more concrete foundation for understanding contract law’s theoretical underpinnings. The paper traces the historical development […]
Hansen, Fejős, Zeng and Gentile, ‘Teaching contract law with large language models: refining errorful learning for the digital age’
ABSTRACT This article investigates how the intrinsic fallibility of large language models (LLMs) can enhance the teaching and learning of contract law. Extending errorful learning theory, it conceptualises a new category of AI‑generated yet student‑shaped error and analyses how these mistakes can foster deeper engagement with unfair‑terms doctrine under the Consumer Rights Act 2015. A […]
Raza, ul Haq and Schikuta, ‘When Supply Chains Think for Themselves: Blockchain, Smart Contracts, and Autonomous DAOs’
ABSTRACT A complex supply chain network is a system of interconnected businesses, people, and resources involved in producing and distributing a product or service. The complexity of these networks arises from the many stakeholders and intermediaries involved, as well as the interdependencies between them. Sharing data, storing transactions, increasing transparency and traceability, and preserving the […]
Meixian Song, ‘Degrees of causation: revisiting the efficient cause test and the “winner-takes-all” principle in English insurance law’
ABSTRACT The theory of degrees of causation in philosophical accounts assumes that causation comes in degrees. This article examines the conceptual implications of this theory for the apportionment of legal liability, aiming to provide a coherent account of causation-in-fact and causation-in-law, as well as judicial approaches to causation in insurance law and tort law. Drawing […]
Chris Bevan, ‘Extending the Reach of the “Etridge Protocol” to So-called “Hybrid” Scenarios: Waller-Edwards v One Savings Bank Plc’
ABSTRACT In Waller-Edwards v One Savings Bank Plc, the Supreme Court addressed, for the first time, the significant question of whether banks were put on constructive notice of potential undue influence in so-called ‘hybrid’ scenarios. ‘Hybrid’ scenarios are those in which loan monies are advanced to a couple partly for their joint benefit and partly […]
Shreya KA, ‘The Future of Contract Remedies: Should India Move toward a Unified Civil Code on Contracts and Remedies?’
ABSTRACT Contract law and its remedies are one of the four pillars of commercial law, playing a crucial role in trade activities, as it ensures that parties involved in any lawful act are provided with an assurance that their agreement will be carried out appropriately, and any potential breaches are outlined and compensated for. This […]