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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
Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...
Persistent link: https://www.econbiz.de/10014154519
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration pursuant to non-public parties’ private agreements, and seeks to spark discussion of transparency reforms that respond to effects of these distinctions in that context. It...
Persistent link: https://www.econbiz.de/10014182278
Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...
Persistent link: https://www.econbiz.de/10013138363
Price is an essential term at the heart of supplier-consumer transactions and relationships increasingly taking place in “micro-marketplace chambers”, where points of comparison with similar relevant products may be increasingly hard to discern and time consuming. This article critically...
Persistent link: https://www.econbiz.de/10012831028
The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...
Persistent link: https://www.econbiz.de/10012964768
This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal...
Persistent link: https://www.econbiz.de/10014217695
The Shipping Act of 1916 (hereinafter Shipping Act) requires ocean carriers and other persons subject to the act to publish tariffs outlining their rates, charges, regulations and rules for services and the use of their facilities. Other persons subject to the Shipping Act are defined as those...
Persistent link: https://www.econbiz.de/10014190941
It has been suggested that section 2-713 of the Uniform Commercial Code [hereinafter referred to as UCC; further section references are to UCC sections unless otherwise specified] should not have been enacted and should be repealed. Although this centerpiece in the setting of buyers' remedies has...
Persistent link: https://www.econbiz.de/10013119878
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820