Category Archives: Contract
Christian Twigg-Flesner, ‘Subscription Contracts – Unfair Terms Control or Direct Action?’
ABSTRACT Subscription contracts are used widely, particularly in the digital economy. Nevertheless, there are significant concerns about the way in which consumers are often tricked into concluding a subscription contract, particularly through free trials or introductory offers; automatic renewals without reminders or an opportunity to terminate the contract; and confusing arrangements for terminating a subscription […]
William Magnuson, ‘Artificially Intelligent Markets’
ABSTRACT A remarkable transformation is taking place in our financial markets. The rise of machine learning algorithms and other artificial intelligence models has rapidly overtaken older methods of financial decisionmaking, and the consequences of the revolution are beginning to be felt across the capital markets ecosystem, from stock exchanges to derivatives markets to currency trading. […]
Michels, Millard and abou Farhat, ‘Chat Ts&Cs: A Survey of 20 Standard Contracts for Generative AI Services’
ABSTRACT In this paper, we report the results of a detailed survey of 20 standard contracts for chat-based generative AI services from 13 leading providers. We cover both US providers, such as Anthropic, Google, Microsoft, and OpenAI, and European and Chinese providers, such as Alibaba, DeepSeek, and Mistral. We analyse the terms and conditions that […]
Warren Swain, ‘The Law of Contract, Interpretation and the “Great Object”’
ABSTRACT In recent debates about the proper approach towards the interpretation of contract terms insufficient attention has been paid to the history of the subject. A close examination of that history shows that there are strong traces of both textual and contextual approaches. The balance between them is not however constant. Opposing factors have pulled […]
Balaji and Saha, ‘Codified but not constrained: Recasting proprietary estoppel under the Indian Transfer of Property Act, 1882’
ABSTRACT This article revisits the foundations of proprietary estoppel under the Indian Transfer of Property Act, 1882 (TPA), by examining Sections 41, 43, and 53A. It argues that the prevailing interpretation of these codified forms remains unduly tethered to contract law. The article advances two core claims. First, it distinguishes between contractual invalidity – where […]
Praporșcic and Lisnic, ‘Environmental Regulations and Contractual Risk: When Can Non-Performance Be Justified?’
ABSTRACT In a global context marked by the intensification of environmental regulations and the transition to a circular economy, contractual relationships are increasingly subject to legal challenges related to the impossibility of fulfilling assumed obligations. Legislative changes driven by environmental policies can lead to situations where contracts become excessively onerous or even impossible to perform, […]
Eliza Mik, ‘Contractual Deepfakes: Can Large Language Models Generate Contracts?’
ABSTRACT Notwithstanding their unprecedented ability to generate text, LLMs do not understand the meaning of words, have no sense of context and cannot reason. Their output constitutes an approximation of statistically dominant word patterns. And yet, the drafting of contracts is often presented as a typical legal task that could be facilitated by this technology. […]
Nicholas Mouttotos, ‘A Requiem for the “Illusion” of Consent in Consumer Contracts?’
INTRODUCTION At a time when artificial intelligence (AI) is developing rapidly, AI agents are projected to do much of the work on behalf of consumers, which involves not only product/service comparisons, but also making transactional decisions. Online travel firms are developing ‘AI-powered travel budd[ies]’ that will be entrusted with customers’ credit cards and make the […]
Rowe and Kearby, ‘Trade Secrecy and the Government’s Right To Repair’
ABSTRACT The Department of Defense’s struggles to obtain repair rights from private contractors have reached crisis levels, with military personnel facing critical equipment delays while contractors fear losing valuable trade secrets. The 2025 bipartisan ‘Warrior Right to Repair Act’ attempts to address this problem but has generated fierce opposition from industry groups. This Paper provides […]
Cass Sunstein, ‘Five Objections to Commodification’
ABSTRACT In free markets, countless goods may be bought and sold. What was once not traded on markets-for example, access to public parks or sexual and reproductive capacities might be turned into a commodity. Time and again, allowing things to be bought and sold increases both autonomy and welfare. Still, there are pervasive objections to […]