Are zero hours contracts lawful? This note responds to the DBIS consultation on banning exclusivity clauses (August 2014). It asks the following: what is a zero hours contract? To what extent are zero hours contracts legal? Why have zero hours contracts spread? And finally, what is the right...

The decision making of judges is prone to error and misapprehension. Consequently, the prevailing literature ties the economic function of courts to dispute resolution and minimization of rule making costs. In contrast to previous research, this analysis applies a contract theoretic perspective...

The law stabilizes transactional relations by protecting the implicit expectations of the parties to contracts by various techniques including the imposition of mandatory and supplementary rules. The established pattern in the contract of employment of the protection of expectations of...

This paper is about a set of interrelated labour law initiatives called quot;supply chain regulation.quot; This set of labour law initiatives signal the progressive transcendence of direct employment as a focus of labour law. Supply chain regulation originated as a response to the exploitation...

The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this...

Some positions within an organization wield unusual impact over the entity's success. The decision makers who hire these critical performers face a daunting task: to distinguish among closely comparable finalists in a context where small differences in talent can produce enormous outcome...

Trustworthy AI becomes ever more important, both in machine learning and in the law. One important consequence is that decision makers must seek to guarantee a `fair', i.e., non-discriminatory, algorithmic decision procedure. However, there are several competing notions of algorithmic fairness...

This paper uses as its theoretical starting point the concept of the firm as a nexus of contracts. It examines the full range of contracts which go into forming this nexus: those formally negotiated, those adopted by custom or practice, and those imposed as legal defaults. The concept of...

Arthur Linton Corbin famously remarked that courts, when deciding contract cases involving the defense of impossibility or impracticability of performance, should “pray for the wisdom of Solomon.” This is particularly true when the event causing non-performance is labor activity. This...

Under the doctrine of vicarious liability, a deep-pocket principal is often held responsible for a third-party harm caused by a judgment-proof agent's negligence. We analyze the incentive contract used by the principal to control the agent's behavior when a court can make an error in determining...