Category Archives: Contract
Yeqing Xu, ‘A Corpus-Based Analysis of ChatGPT English Translation of Terms in the Civil Code of the People’s Republic of China (Contract) from the Perspective of Functional Theories of Translation’
ABSTRACT Artificial intelligence technology has posed significant challenges to legal translation. However, few scholars have analyzed the performance of artificial intelligence in the translation of terms. By constructing a corpus of the terms in the ChatGPT-generated text of the Civil Code of the People’s Republic of China (Contract), the paper analyzes the performance of ChatGPT […]
Stephen Bainbridge, ‘Merger Agreement Anomalies: A Case Study in Incomplete Contracts’
ABSTRACT This article uses the ABA’s Private Target Mergers and Acquisitions Deal Points Study to interrogate a puzzle that I initially took for evidence of bad lawyering: the persistent presence of undefined or unaddressed terms in sophisticated acquisition agreements. Post-closing purchase price adjustments, representation and warranty insurance exclusivity, exclusive remedy provisions, and – most strikingly […]
Muhammad Saad Aman, ‘The Evolution of Misrepresentation: A Comparative Analysis of the Contract Act 1872 and English Contract Law’
ABSTRACT This paper comparatively examines the doctrine of misrepresentation under Pakistan’s Contract Act 1872 and English contract law. Although the doctrine of misrepresentation in both jurisdictions has common historical roots, the doctrine has developed differently in each jurisdiction. In contrast to the English law, which particularly after the enactment of the Misrepresentation Act 1872 distinguishes […]
Nazmul Hasan, ‘Quantum and Damages in International Commercial Arbitration: Causation, Valuation, Lost Profits and the Limits of Expert Evidence’
ABSTRACT Damages are often the point at which international commercial arbitration moves from legal principle to economic consequence. Yet quantum is frequently treated as a technical appendix to liability rather than as a distinct adjudicative exercise governed by causation, remoteness, certainty, mitigation and the compensatory principle. This article develops an integrated framework for assessing quantum […]
‘The risk of unclear contract terms and evidentiary deficiencies to entitlement claims’
Contracts play a critical role in clarifying the ownership and transfer of IP, but frequently define the IP with reference to broad and non-specific terms. A recent Australian Patent Office decision in ThermoChem Recovery International Inc v FULC JV LLC [2026] APO 14 highlights how inadequate evidence of the specifics of the contract provisions and […]
Chantal Mak, ‘The Common Good Contract: Rethinking Contractual Justice in the Regulation of Global Supply Chains’
ABSTRACT This report considers the normative underpinnings of national and regional due diligence laws that aim to get a grasp on the protection of human rights and the environment along global supply chains. Starting from a comparative exploration of several representative due diligence laws, it is analysed what is the place of contract in these […]
Chantal Mak, ‘The Elephant in the Room: Contract, Tort and Company Law Dimensions of Supply Chain Liability as Fragments of the Reimagination of Companies’ Legal Personhood’
ABSTRACT This contribution proposes that a rethinking of legal personhood for companies is necessary to fully develop legal accountability for the risks global business poses to the living environment. It first sets out how private law has facilitated multinational business at the cost of other interests. Solutions in traditional tort and contract law present a […]
Wickelgren and Ayres, ‘An Economic Analysis of Contractual Conditions’
ABSTRACT Law and economics has produced a vast literature on the efficient design of contract damages, but almost none on the defensive counterpart to damages: the contractual condition that lets a promisee withhold its own performance when the performance it was promised falls short. This article supplies that missing analysis. Contracts protect entitlements through a […]
Ben Fernandez, ‘Contract Drafting Classes Should Introduce Law Students to Real Contract Drafting Classes Should Introduce Law Students to Real World Practice Like Other Legal Writing Classes’
ABSTRACT Contract drafting classes should be no different than first and second semester legal writing classes. A first semester legal writing class introduces students to law firm practice. It is not just a writing class; it covers the sources of law, legal research, reading and briefing cases, and legal analysis. A second semester writing class […]
Rachel Landy, ‘Tech Contracts and the No-Plaintiff Problem’
ABSTRACT Much ink has been spilled over how antitrust law could address the effects of Big Tech’s market dominance. But when dominant firms include unfair terms in their agreements with business customers, contract law should be able to step in, too. Contract law has two principles that are inherently appropriate to invoke when unfair terms […]