Contract Law in UK Law
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What can contract law learn from #MeToo?
In this article, I ask whether contract law can learn anything from the #MeToo discussions of consent. When we juxtapose consent in these two contexts, two issues emerge. The first is whether conse...
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Identities in Contract: Merchant Law in Europe and the Future of European Contract Law
The European Union legislator has concentrated on the consumer contract neglecting its counterpart, the commercial contract, the B2B transaction. The result is the absence of any dedicated EU comme...
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English Contract Law and the Efficient Breach Theory
The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize th...
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Frustration of purpose and the French Contract Law reform
Frustration of purpose remains one of the most ill-defined concepts in the English law of contracts. The same problem has also recently attracted the attention of the French legislature in its mode...
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How Does China's New Labour Contract Law Affect Floating Workers?
China's new Labour Contract Law took effect in January 2008 and required firms to give migrant workers written contracts, strengthened labour protections for workers and contained penalties for fir...
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Consent and probation: An analogy with contract law
The Journal EJprob recently published a special issue on consent in sentencing. The EPR (2010) refer to consent on numerous occasions, and in most legal systems consent is required at the sentencin...
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THREE SOLITUDES IN CONTRACT: LAW, DATA, AND THEORY
This note discusses and contrasts the different perspectives that the law, empirical labor economics and contract theory bring to the study of the employment relationship. Understanding the reasons...
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Reconciling Contract Law's Objective and Subjective Standards
Although the common law of contract is often said to favour ‘objectivity’, it sometimes seems to adopt a ‘subjective’ standard. The apparent tendency to switch between rival standards troubles many...
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The Journey of Good Faith: Where Does It belong in General Contract Law?
This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach i...
- Contract Law and Legal Theory
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