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This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
Eco-labels, certifications, and seals of approval serve a variety of functions, including communicating to businesses and consumers the environmental attributes of a particular product or the dangers that product may pose. Eco-labels have the potential to improve environmental outcomes in a...
Persistent link: https://www.econbiz.de/10014112135
It is increasingly common for commentators to argue that common law judicial review and human rights law are merging to form a unified field of public law, characterised by common functions, norms, concepts and methods, and/or that the two fields ought to be so unified. Such commentators...
Persistent link: https://www.econbiz.de/10013004806
Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary...
Persistent link: https://www.econbiz.de/10012913062
Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...
Persistent link: https://www.econbiz.de/10012999281
The purpose of this Essay is to analyze the treatment and the types of tort and strict liability claims that courts are likely to redirect toward the Code's Article 2 remedies. This Essay examines the typical application of the economic loss doctrine, including the bargain policy underlying the...
Persistent link: https://www.econbiz.de/10013099528
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
Many-minds arguments claim that in some way or another, groups of decision-makers tend to make better decisions than individuals. This essay identifies five general and recurring problems with such arguments, as follows:(1) Whose minds? The group or population whose minds are at issue is often...
Persistent link: https://www.econbiz.de/10012764870
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
The interpretive critique is primarily focused on economics as a system for understanding markets as a dynamic process of human interactions and exchange. It does not equate economics with the market but instead understands economics as one of several ways of interpreting the market. The...
Persistent link: https://www.econbiz.de/10014137614