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 paper aims to answer the question why so many international traders choose English Sales Law instead of the CISG to govern their transactions.Through a comparison of the CISG and English Sales Law, this paper articulates the major competitive disadvantages of the CISG, and then suggests...

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...

In the late nineteenth century Britain had almost no mandatory shareholder protections, but had very developed financial markets. We argue that private contracting between shareholders and corporations meant that the absence of statutory protections was immaterial. Using circa 500 articles of...

The key economic issues in implementing the law of unilateral mistake are twofold. First, it should avoid misallocation of resources; second, it ought to create a sufficient incentive for acquisition of information. However, the rule of unilateral mistake in English contract law does not serve...

This article analyses the legal conception of misrepresentation in the well-noted case of Von Gumpach v Hart (1870). It investigates to what extent the English doctrine of misrepresentation was adapted for the local context when the case was heard by the British Supreme Court for China and Japan...

This paper seeks to address the current position of good faith within English contract law. It contradicts the proposition that good faith is a “contagious disease of alien origin” by instead suggesting that the principles introduced by good faith and relational contract theory are simply a...

During the last decade, the EU has adopted three major sector-specific directives in the area of retail financial services – the Payment Services Directive, the Consumer Credit Directive, and the Markets in Financial Instruments Directive. All three directives are based on the idea of 'full,'...