This chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....

Businesses, particularly small businesses, are in a constant struggle to market themselves effectively to increase their customer base. In order to compete with larger businesses and maximize their sites' effectiveness, some site owners have resorted to utilize more well-known trademarks into...

This article examines the ‘substance' of a discretionary unit trust and analyses Australian courts' approach to classifying beneficial entitlement under such a trust. The article concludes that there exists a fallacy in the reasoning that appears to have been adopted by judges and commentators...

As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious...

$69 million, $7.58 million, and $7.57 million. These are the amounts associated with the three most-sought after Non-Fungible Tokens (NFTs) sold in 2021. Although NFTs were first created in 2014, 2021 saw an unprecedented rise in their global popularity. In fact, Google reported that in 2021,...

This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the litigation process and public enforcement of law

Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to...

This essay deals with one of the persistent problems in the law of negotiable instruments, namely the practice-originated legal phenomenon of so called quasi-instruments (it focuses on quasi-checks and deals also with quasi-notes.) First, it supplies a formal definition for quasi-instruments. It...