Category Archives: Contract
Miriam Cherry, ‘Abuse of Contract: A Proposal for a New Cause of Action’
ABSTRACT With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other […]
Lorna Richardson, ‘Rescission for breach of contract in Scots law’
ABSTRACT This article is the first to consider rescission (termination) for breach of contract holistically. It charts the history of rescission in Scots law, revealing that while the remedy has been said to be an English import there was, in fact, a native right to terminate a contract without resorting to court from the early […]
Symposium: ‘Crossroads of Codification: A Comparative Dialogue’: ELTE Law Journal
Preface to the Contributions Regarding ‘Crossroads of Codification: A Comparative Dialogue’ (Orsolya Szeibert) The CISG and Unforeseeable Events (Ulrich Magnus) Codification at the European Level (Peter-Christian Müller-Graff) Codification in the Common Law (John Cartwright) The Civil Law’s Common Law (Christian von Bar) Learning from Common Law? The Binding Nature of the Hungarian Curia’s Judgments (Péter […]
‘Racial Harms, Contracts, and Reparations’
Dorothy Brown, ‘Getting to Reparations: How Building a Different America Requires a Reckoning with Our Past’ (2026). Dorothy Brown’s new book Getting to Reparations: How Building a Different America Requires a Reckoning with our Past shows that ‘the legacy of slavery … is found in every nook and cranny of American life’ (p 164). So […]
George Cohen, ‘The Objective Theories of Contract and the Role of Fault’
ABSTRACT The so-called objective theory of contract is a foundational pillar of contract law. But the theory is incompletely specified and insufficiently grounded. The thesis of this article is that contract law does not use only one objective theory of contractual intent. Rather, contract law uses four objective theories, each representing distinct (though often overlapping) […]
‘Indemnification clauses in book contracts?’
Philosopher Mark Navin writes: ‘I just walked away from a book contract with Routledge over an indemnity clause. What do you think is going on with these clauses? Routledge recently approached me to write a second edition of my vaccine ethics book (Values and Vaccine Refusal). The contract contained an indemnity clause (Clause 14.2, pasted […]
Juan Vega Esquivel, ‘Evaluating the Relationship Between Video Game Microtransactions and Addictive Behaviours’
ABSTRACT Microtransactions and loot boxes have become core revenue mechanisms in contemporary video games, raising policy concern that gambling-like design and frictionless payments may be associated with addictive consumption patterns and welfare-reducing outcomes. Although a growing literature links loot box spending with problem gambling severity, evidence remains mixed on the broader relationship between disordered gaming, […]
Rizner and Krzus, ‘The AI’s Philosophy of Contract: An Empirical Study of Breach, Remedies, and Model Heterogeneity’
ABSTRACT Is a contract a moral promise to be kept or an option to perform or pay? While this question has long divided legal theorists between ‘Holmesian’ realists and promissory moralists, it now faces a new ‘legal mind’: the large language model applied to legal analysis. This Article presents a large-scale empirical study of how […]
‘Forever is a long time: rethinking termination in indefinite agreements’
In January 2025, we considered the High Court decision in Zaha Hadid Ltd v Zaha Hadid Foundation, which held that the company was bound by a trademark licensing agreement until terminated by the foundation, and that this arrangement did not offend the doctrine of restraint of trade. The Court of Appeal has now overturned that […]
Fabrizio Esposito, ‘On the analytical strategies for Law and Political Economy research: Structural integration and epistemic translation are better than isolationism to study the legal-economic nexus’
ABSTRACT This article distinguishes isolationist and integrationist accounts of the legal-economic nexus. Isolationists deny the possibility of integrating different theoretical perspectives, while integrationists try to unify different accounts. Leading legal theorists have recently presented isolationist efficiency-, liberty-, and democracy-centred accounts of the market. It is argued that the legal–economic nexus is an integrationist concept, requiring […]