Economic theory conjectures complementarities between the ranking of creditors in formal insolvency proceedings and the use of collateral in bank loan contracts as well as the exist-ence of relational compared to arm's length lending. In this paper we seek evidence for the-se hypotheses taking...

This survey of recent developments includes reports on the new Rotterdam Rules intended to govern claims of damage or loss for goods carried by sea under bills of lading and new Institute Cargo Clauses for use in policies of marine insurance. Reports are also offered on the cases of Transfield...

This article investigates the not-so-obvious reasons for which the financial mechanism of asset securitization is so poorly relied on in such developed civil law jurisdictions as France and Germany. Analysis is focused on several constituent elements of this mechanism: a possibility to construct...

The banker's common law contractual duty of confidentiality to clients has been well established for over 86 years. The four qualifications to the duty of confidentiality were crafted in 1924 in Tournier's Case when crime was viewed as a local phenomenon. The question arises as to whether and...

In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...

This article examines the leading principles governing interpretation of written contracts under English law. This is a comprehensive and incisive analysis of the current law and of the relevant doctrines, including the equitable principles of rectification, as well as the powers of appeal...

This project presents six years of hand-collected federal district court data to analyze the first representative sample of veil piercing litigation. Our method identifies veil piercing complaints through Westlaw's trial pleadings database and codes each case through a detailed examination of...

It is now established in employment law that an implied term of trust and confidence exists in the contract of employment which subjects' parties to a duty not to conduct themselves without reason in such manner that will likely destroy or damage the existing trust and confidence between them....

The U.K.'s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap.U.S. mathematician John Nash (the movie ‘A Beautiful Mind') postulated that Adam Smith's declaration that ‘In competition,...

In Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1 the English Court of Appeal famously invented the ‘practical benefit' principle. This principle makes it far simpler for parties to satisfy the consideration requirement when modifying a contract. This article reviews the...