The fiduciary relationship is one of the most fundamental legal relationships, and its importance for both public and private law is increasingly recognized. Fiduciary mandates typically involve one person – the fiduciary – administering the affairs or property of other persons – an...

This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...

The boundaries of nuisance have traditionally been tightly guarded. However, the tort's underlying concern for the protection of property rights has provided it with sufficient flexibility to adapt to changing social and legal circumstances. The New Zealand Court of Appeal's decision in Body...

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v. North...

This article considers the applicability of "moral economy" theories to early modern land markets. It asks whether moral norms -- specifically, moral condemnation of land selling -- substantially impeded land alienation in several major early modern economies: China, England, and Japan....

There is no doubt that Cuba is working hard to attract foreign investors. In 2014 its foreign investing laws were completely reformed to accommodate this, however, it may be too early to determine whether these reforms actually reduce investor risk. For foreign investors ready to make the move...

Italian Abstract: Il presente saggio intende mettere a fuoco il fenomeno del cloud computing, tentando di setacciare i frammenti normativi dispersi in un fiume di norme difficilmente componibili a sistema, al fine di ricostruire il quadro giuridico vigente in materia. La certezza e la...

This short article is a response to another author's piece in the same journal, and addresses the possible configurations of the law on the admissibility of extrinsic evidence for the purpose of interpreting registered property interests