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Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws. [ABSTRACT FROM AUTHOR]

The goal of this article is to characterize the narratives of the Tapir Project (Proyecto Tapir) in relation to the contract annulment between the Ministry of Environment and Energy (Minae) and the Prozoos Organization (FundaZoo) in Costa Rica. The methodological approach is qualitative and with analytical methods by means of semi-structural interviews and the content analysis of one of the social networks and webpage of PT. One of the main findings is the linear narrative of complaints that PT makes in reference to the irregularities in the contract compliance and the deficient operation of the zoos under FundaZoo. In a general conclusion, the narratives of PT are characterized by being easy for all of the public to comprehend. [ABSTRACT FROM AUTHOR]

This article explores the interplay between international arbitration and data subject compensation claims under the General Data Protection Regulation (GDPR). The analysis focuses on the validity and enforcement of arbitration agreements and the resulting awards. The article argues that despite potential skepticism, arbitration can offer significant benefits to data subjects, and that compensation claims under the GDPR should be considered arbitrable under the New York Convention and CJEU case law. The article further argues that EU courts have a duty to refer disputes to arbitration, and that the mandatory provisions of EU law have limited means of interfering with this duty. Furthermore, it establishes that the misapplication of GDPR provisions does not automatically justify the denial of arbitral award recognition. The article argues that this is a natural extension of trust traditionally shown to arbitrators, and that such trust should not be easily cast aside.LAN-FR Résumé: Cet article explore l'interaction entre l'arbitrage international et les demandes d'indemnisation en vertu du règlement général sur la protection des données personnelles (RGPD). L'analyse se concentre sur la validité et l'exécution des conventions d'arbitrage et des sentences qui en résultent. L'article affirme qu'en dépit d'un scepticisme potentiel, l'arbitrage peut offrir des avantages significatifs aux personnes concernées, et que les demandes d'indemnisation au titre du RGPD devraient être considérées comme arbitrables en vertu de la Convention de New 216 York et de la jurisprudence de la CJUE. L'article affirme en outre que les tribunaux de l'UE ont le devoir de renvoyer les litiges à l'arbitrage et que les dispositions impératives du droit de l'UE ont des moyens limités d'interférer avec ce devoir. En outre, il établit que la mauvaise application des dispositions du RGPD ne justifie pas automatiquement le refus de reconnaissance de la sentence arbitrale. L'article soutient qu'il s'agit d'une extension naturelle de la confiance traditionnellement accordée aux arbitres, et que cette confiance ne devrait pas être facilement rejetée. Zusammenfassung: Dieser Beitrag untersucht das Zusammenspiel zwischen internationaler Schiedsgerichtsbarkeit und Ansprüchen des Inhabers des informationellen Selbstbestimmungsrechts und der Datenschutzgrundverordnung (DSGV). Dabei fokussiert die Analyse auf Fragen der Wirksamkeit einer Schiedsabrede sowie der darauf gestützten Schiedssprüche. Der Beitrag kommt zum Schluss, dass trotz der verbreitet zu findenden Skepsis Schiedsverfahren dem Inhaber des informationellen Selbstbestimmungsrechts durchaus Vorteile bringen können, und dass daher Ansprüche unter der DSGV für schiedsgerichtsfähig unter der einschlägigen New Yorker Konvention und im EuGH-Fallrecht erklärt werden sollten. Zudem kommt er zum Schluss, dass Gerichte in der EU Streitigkeiten an Schiedsgerichte überweisen müssen und dass dem auch zwingende EU-Normen nicht in signifikantem Maße entgegenstehen. Darüber hinaus wird im Beitrag argumentiert, dass nicht jeder Verstoß gegen die DSGV zwangsläufig zur fehlenden Anerkennungsfähigkeit des Schiedsspruches führt. Vielmehr bezieht der Beitrag die Position, dass das allgemein zum Ausdruck gebrachte Vertrauen der Rechtsordnungen in das Schiedsgerichtswesen auch hier zum Tragen kommen und nicht leicht zur Seite geschoben werden sollte. [ABSTRACT FROM AUTHOR]

This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties' contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties' relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions. [ABSTRACT FROM AUTHOR]

Negotiation features in Contract Law in numerous guises. (1) Courts recognise that negotiation may precede agreement (2) Courts will enforce agreements made after a negotiation process where parties intended to enter into legally binding arrangements (3) Courts decline to construe the contract by interrogation of the negotiations which led up to the point of agreement (4) A Court may create imaginary negotiation evidence, gleaning this from a Court simulated negotiation between hypothetical parties to the actual agreement (5) In the event of a breach of contract, a party may establish that the breaching party had actual knowledge of a state of affairs that might be a not improbable result of that breach. That actual knowledge will almost certainly have been created or transferred during negotiations. In this note, I argue that the principles of construction at 3 and 5 above are manifestly mutually incompatible. The logic of my argument is that reconsideration of the exclusionary rule is merited, particularly in the light of multiple exceptions and given the fact that Judges routinely deal with evidence of negotiations. As the actual knowledge rule is unexceptionable and the exclusionary rule highly questionable, coherence can be brought to the law relatively easily. [ABSTRACT FROM AUTHOR]

The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom's contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom's liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom's liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world. [ABSTRACT FROM AUTHOR]

Historically, if a creditor through his conduct prejudiced or injured a surety in the latter's rights or interest, the surety was entitled to claim release from his obligations under the general prejudice principle. However, the principle was summarily rejected by the Supreme Court of Appeal in Bock v Dubororo Investments (Pty) Ltd 2004 2 SA 242 (SCA), and it may now be determined whether there exists another interpretation in order to ensure its survival. This article considers the historical application of the general prejudice principle in suretyship agreements under South African law since the principle’s original incorporation from the English law up until its outright rejection by the Supreme Court of Appeal in Bock. It then aims to reinterpret the principle in the light of ordinary contract law principles as being nothing more than a breach of contract by the creditor. [ABSTRACT FROM AUTHOR]

Rights-based theories of private law tend to be wrongs based and defendant focused. But many private law wrongs do not seem like genuine wrongs, at least when the background distribution of resources is unjust. A very poor person, for example, may be held legally liable for breaching a one-sided contract with a very rich person. When such a contract reflects and reproduces existing injustice, it is hard to view the poor person's breach of such a contract as a genuine wrong against the rich person. Conversely, some obvious moral wrongs do not generate legal liability. There is, for example, no private law duty of rescue in the absence of a prior relationship in many situations in which most would agree that there is a moral duty of rescue. Thus, private legal liability seems not to track moral wrongdoing in significant respects, raising the question what instead justifies such liability. Instead of justifying private liability in terms of the defendant's wrongdoing, as corrective justice and civil recourse theorists do, we should seek a justification in terms of the plaintiff's moral permission to enforce her apparent rights. Switching our gaze from the defendant's wrongdoing to the plaintiff's moral permission to enforce her rights will not be normatively consequential if the plaintiff's moral permission arises when and only when the defendant has wronged her. But, I argue, background injustice can drive a wedge between genuine wrongdoing and the plaintiff's moral permission. Thus, by reconceptualizing private liability in terms of a plaintiff's moral permission to enforce her apparent rights, private law may be justified by the essential role it plays in constituting non-ideal political morality. [ABSTRACT FROM AUTHOR]

Recent years have witnessed significant interest in demystifying the implication of contract terms. Whilst the discussion thus far has elicited some answers, the subject remains notoriously 'elusive'. This article advances discussion in the field. It argues that underlying recent debates are deeper issues that must be brought to the surface. These include theoretical incoherence regarding the nature/purpose of implication tracing back to The Moorcock (1889), and analytical indeterminacy in applying the established 'tests' for implication, as courts vary between conflicting instrumental and non-instrumental approaches. Feeding both issues is inconsistent linguistic use of core terminology. This article helps demystify implication by distilling two 'theses' well-supported by the authorities, and elaborating their details and significance. Whilst the divided state of the authorities precludes instant resolution, the article further contributes a reflection on possible ways forward, including a new possibility raised here that implication may comprise two distinct exercises matching the theses described. [ABSTRACT FROM AUTHOR]

Contractarians view the corporation as a nexus of contracts, constituted by the express or implied consent of each party to or contracting with it. Strong-form contractarianism takes this claim literally and holds that a corporation can be created and sustained by contract alone, thanks notably to the courts' supportive gap-filling role. We argue that this view is undermined by the way courts actually treat implied terms. While courts do attempt to fill gaps and hold parties to their bargains, they do not typically manufacture counterfactual consent by resorting to the hypothetical bargain logic of contractarianism. Even under the most flexible form of contract law, the common law contract, the capacity of courts to imply third-party obligations in multi-party contracts is highly limited. This makes the contractarian reliance on contract and the courts to construct the complex set of multi-party obligations that make up the corporate form implausible. [ABSTRACT FROM AUTHOR]

This paper is aimed at illustrating how the traditional idea of "inalienability" of personality rights has been reshaped and transformed by the increasing commodification of corporeal and incorporeal components of identity. Three different legal regimes have recently emerged in Europe: market-inalienability with regard to body rights; limited inalienability rules with regard to personal data; modified contract law applicable to incorporeal components of identity – such as name or likeness – having commercial value. The objective of this paper is to describe each of these models and provide a contribution both to the theory of inalienability and of contract law. [ABSTRACT FROM AUTHOR]

The introduction of the EU Unfair Terms in Consumer Contracts Directive in the legal system of Cyprus was the first instrument specifically dealing with the problems that arise with standard form contracts and the issue of consent. However, the Directive only generated caselaw approximately twenty years after its adoption, whereas the principle-based approach of the test for unfairness (significant imbalance test and good faith requirement) was interpreted in the common law notion of absence of dishonesty. Hence, Cypriot courts interpreted good faith as "honesty in fact". Under this interpretation, it seems that both procedural and substantive unfairness are not captured under the test. It is understood that whereas the statute codifying the contract law of Cyprus has incorporated the [civil law] will theory of contracts, no tools for the invalidation and scrutiny of terms that may be deemed unfair were provided. The statute placed considerable emphasis on procedural fairness, however, Cypriot courts seemed unwilling to adapt their approach and deal with the problems that standard form contracting poses, failing also to follow the developments in the UK. Thus, even after the adoption of EU consumer law directives, Cypriot courts show an unwillingness to scrutinize the parties' initial allocation of risk, even though such allocation was done in a standardized manner by one party. Despite the mixed character of the legal system, consumer law directives and the introduction of content control can be seen as legal irritants. [ABSTRACT FROM AUTHOR]

Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of "good faith" as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the European Union and their use in international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). This paper will examine whether this situation is changing, focusing on two common law jurisdictions—England and Wales and Canada. In England and Wales and the common law of Canada, case-law in the last 10 years has indicated a movement towards acceptance of express and implied duties of good faith in relation to contractual performance, see e.g. Yam Seng Pte Limited v International Trade Corporation Limited [2013] EWHC 111 (QB) and, most recently, Essex CC v UBB Waste (Essex) Ltd (No. 2) [2020] EWHC 1581 (TCC) in England and Wales; Bhasin v Hrynew 2014 SCC 71 and Callow v Zollinger 2020 SCC 45 in Canada. This paper will examine the extent to which these cases may open the way more generally for a duty to negotiate commercial contracts in good faith. It will examine the reception of these cases and whether they indicate (i) greater acceptance of "good faith" as part of contract law thinking and (ii) a possible extension of good faith into the pre-contractual period. [ABSTRACT FROM AUTHOR]

The following article analyses challenges and opportunities regarding the (re)consideration of Contract Law created by COVID-19 Pandemics. It points out that the widespread tragedies of contracts, contracting parties and contractual relations reveal the worth of skills and attitudes not usually delivered by Law Schools. Departing from a literature review and from the available pertinent data, the authors advocate the necessary commitment of legal education to negotiations and designing value-aggregating solutions to complex legal issues, particularly in the realm of Contract Law. [ABSTRACT FROM AUTHOR]

The main objective of this paper is to build a diagnosis of the current state of the local legal reality (Monteria and the department of Cordoba) regarding consumer law (identification of the most urgent and complex problems and the type of solutions they are currently subject to) in order to define lines of work in strategic litigation. Thus, the methodology used was to observe and analyze the repeated consultations to the Consumers League UPB Monteria of users' victims of impersonation (2019 to 2021), giving rise to this article in which a study is conducted ranging from the conceptual examination of the protection of personal data, the contractual modality used and impersonation, to the analysis of all related rules. The main findings allow identifying situations in which, due to the improper handling of the personal information of the subscribers of a contract that is generally of adhesion, they have been exposed to indiscriminate or improper use by malicious third parties without giving full compliance with the duties of protection and implementation of security protocols by the companies to ensure the proper custody of personal data, which in practice leaves the consumer exposed to various risks regarding the use of their personal information. [ABSTRACT FROM AUTHOR]

Summary: Compared to the writings of other teólogos-juristas belonging to the so-called School of Salamanca, Pedro de Oñate's (1567-1646) De contractibus has met with little if almost no interest in the literature. It nevertheless marks an epochal achievement in the history of juridical and economic thought. Published between 1646 and 1654, Oñate's De contractibus epitomizes five centuries of scholastic thinking about the moral regulation of the market. It is a spectacular work, addressing hundreds of problems related to contractual agreements and commercial life in general. This paper offers an overview of Oñate's lengthy assessment of monopolistic practices, including price-fixing cartels, import barriers, the creation of artificial scarcity, and legal monopolies, including the conceptualization of intellectual property. Two major conclusions can be reached from the close-reading of Oñate's treatment of monopolistic practices. First, Oñate's opinions are marked by an even starker emphasis on individual rights, property and freedom than those of his colleagues working in major cities on the other side of the Atlantic. Second, his analysis is not only the reflection of his extraordinary knowledge of centuries of scholastic thinking about the morality of the market, but also of his practical experience in the New World. [ABSTRACT FROM AUTHOR]

In the common law tradition, it has long been the case that a contract not backed by consideration is no contract at all. But this rule has been slowly washed away in various contexts, especially contract modifications, in various Commonwealth jurisdictions. In response to these developments, we argue that the consideration requirement has outlived its purpose and that it is time for it to be formally retired. We identify its purpose as ensuring fairness, voluntariness, and the integrity of consent, and we demonstrate that a collection of doctrinal tools have become increasingly available in recent years to fulfil this purpose. We conclude by discussing some of the harms that the consideration requirement causes. Since it does no good and causes some harm, it is time for it to go. [ABSTRACT FROM AUTHOR]

This Article uses the term patriarchal bargain in order to analyze spousal agreements. In her canonical article Deniz Kandiyoti has coined the term patriarchal bargain in order to describe how women negotiate with patriarchy and strategize under the constraints of male domination. Her seminal work has been highly influential in sociology and gender studies. However, legal scholarship has paid little attention to her work. This Article seeks to bridge this gap and explores how women bargain in the shadow of patriarchy. Using a European courts' decision as an example, this article adds the patriarchal context of spousal agreements. This social context enriches our understanding of spousal agreements and deepens our understanding of contracting under conditions of social inequalities. [ABSTRACT FROM AUTHOR]

This paper is concerned with the interaction between the principle of equal treatment and non-disclosure agreements in English law. The common use of non-disclosure agreements (also referred to as 'confidentiality clauses' or 'gagging clauses') as a term in contracts settling possible claims in which harassment or discrimination were alleged came to public prominence in England following the #MeToo movement. There has, though, been little consideration of the enforceability of these non-disclosure agreements as a matter of contract law and the impact of non-disclosure agreements upon equality. This paper examines the legal enforceability of these agreements as a matter of English contract law. It is argued that non-disclosure agreements, designed to obtain silence, work to impede the equality of women. English contract law provides few protections from the potential abuse that can arise from non-disclosure agreements. [ABSTRACT FROM AUTHOR]

From his first play, Love and a Bottle (1698), to the masterpiece that crowned his career, The Beaux' Stratagem (1707), George Farquhar's oeuvre is traversed by legal motifs and legal scenarios, from satirical attacks upon the judiciary, to serious engagements with the law of contract, in contexts as varied as military impressment and spousal neglect. The period that followed the accession of William and Mary, in 1688, and the Bill of Rights to which they assented in 1689, is commonly regarded as being governed by contractual relationships between rational individuals, entering into reciprocal obligations, pursuing their interests, while recognizing their natural rights. But Farquhar's comedies exhibit a conspicuous distrust of the legal profession, and of contract as a means of ensuring ethical solutions either to domestic or political conflicts. Farquhar's engagements with the law, in general, and the law of contracts, in particular, reorient drama away from the rights of the liberal subject, autonomously imagined, toward renewed conceptions of the social good, and the ethics of the community, replacing regulatory frameworks with emancipatory dispensations, in the benevolent comic spirit that characterizes his works. [ABSTRACT FROM AUTHOR]

During the nineteenth century, legal writers began to put the law of contract into a more rationale and ordered framework. This approach reached its apotheosis in the classical law of contract, which retains some influence in modern times. At its core was the belief that contracts were formed by a meeting of wills – that is, contracts were based on consent. Historically, however, there are instances where the law refused to enforce a contract even if the parties had seemingly freely consented to it. Two major examples were contracts that were against morality or public policy. Both of these categories evolved in the nineteenth century. They came to be seen as increasingly anomalous and restricted. They did not, however, disappear altogether. [ABSTRACT FROM AUTHOR]

This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of June 2021 and the end of December 2021. Out of a total of 329 judgments decided in this period, 55 had a contract law dimension. [ABSTRACT FROM AUTHOR]

Background: The outbreak of COVID-19 has greatlyinfluenced the world’s economic situation. Its lethal potential as well as its drastic effects on international contracts, would lead to the post-pandemic litigation and arbitration questioning the applicability of the doctrines of force majeure, frustration, and hardship as an excuse of non-performances of several contractual obligations amidst the COVID-19 pandemic. Purpose: This research will discuss on the matter of the applicability of the aforementioned doctrines and its subsequent effects to excuse a non-performing party. Methods: This research uses normative juridical method with descriptive analytical approach by researching library materials and secondary data. Results: Invoking the force majeure clause requires the event to occur externally beyond the obligor's control; the event and its consequences could not reasonably avoided or overcome by the obligor based on an external event not by their own fault. On the other hand, contracts can be frustrated under several bases, such as changes in the law, supervening illegality, outbreak of war, cancellation of an expected event, and abnormal delay outside what the parties could have reasonably contemplated at the time of contracting. While the requirements of hardship encompass the occurrence of an event for which the obligor has not assumed the risk, nonforeseeability, unavoidability and the causing by the event of a fundamental economic disequilibrium in the contract. Conclusion: To apply the doctrines of force majeure, frustration, and hardship as an excuse of non-performance of contractual obligations during an unprecedented event such as the COVID-19 outbreak, it must be assessed on a case-by-case basis of the language of the contract in light of the governing law and the circumstances of the parties’ commercial relationship. [ABSTRACT FROM AUTHOR]

One of the most striking differences between the Civilian jurisdictions and the English common law has been the reluctance of the latter to adopt a general principle of good faith in contract. Scots law, however, often seeks to exercise the functions of good faith but does not recognise it as a general principle. In recent years, English law has begun to identify good faith as an implied term in "relational contracts", a concept with sociological and economic origins. This article applies that development to Scotland by exploring the relationship between good faith and the relational contract from a Scots-Roman perspective. It will be shown that the historical sources of Scots contract law, from the Roman reception to the Institutional Writers, are fully compatible with relational contracts. It goes on to consider how a Scots law approach to good faith in relational contracts might orientate itself to the English authorities. [ABSTRACT FROM AUTHOR]

A contract written in natural language describes the parties' rights and obligations. It cannot, however, 'do' anything. It produces legal not physical effects. Traditional contracts do not instruct computers to perform any operations. Contracts expressed in code could. The question arises: can we convert contractual documents from being passive embodiments evidencing agreements into active files containing computer instructions? The ability to guarantee that contracts are performed as agreed, an idea underlying 'smart contracts,' depends on the ability to express obligations in code or, more specifically, on the ability of code to express obligations exactly as agreed. Not every obligation can, however, be encoded - be it due to its very nature or to the limited expressiveness of programming languages. Highlighting the interplay between form and substance, this paper presents the complexities involved in expressing contracts in code. Before contemplating the technical aspects of 'smart contracts' we must confront some preliminary questions: what are we trying to encode – and for what purpose? Can the entire contract be expressed in code? Should we focus on translating legal prose into code or on encoding specific tasks that serve to discharge obligations? This paper provides the groundwork for more ambitious projects in the area of 'smart contracts.' [ABSTRACT FROM AUTHOR]

This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and practical reasoning. I suggest embracing some pluralism about contract pluralism, by using these models to construct a framework of 'meta-pluralism', where at the macro-level, we are concerned with plural spheres of contracting activity; at the meso-level, a variety of trans-substantive interpretive concepts that receive some measure of juristic consensus; and at the micro-level, practical reasoning through particularistic analysis of case-specific considerations. I illustrate the meta-pluralistic framework through a case study on the varieties of specific performance, and explain how the proposed pluralistic framework enriches our understanding of the nature of contract. [ABSTRACT FROM AUTHOR]

This paper traces the Canadian doctrine of unconscionability's distant voyage in Uber Technologies v Heller 2020 SCC 16 from the familiar waters of the English 'unconscionable bargains' family of doctrines, found in various common law jurisdictions. Since the 19th century, those jurisdictions had included Canada. However, in this important decision of the Supreme Court of Canada, the position of the doctrine shifted significantly. Its movement can be identified as towards the American doctrine of unconscionability, a distinct doctrine not part of the English family, based rather on §2-302 of the Uniform Commercial Code. Court-watchers in the United Kingdom and other Commonwealth jurisdictions wondering whether this reinterpretation of unconscionability might represent a model for progressive reform should understand why it does not. Adrift between two doctrines with different purposes, it is insufficiently suited to serve either. Meanwhile, it may disrupt business reliance on standard form contracts, and cause tremendous contractual instability. [ABSTRACT FROM AUTHOR]

This article highlights a new discussion in Colombia, that is, the role that arbitration could play in consumer law. The paper also analyses a signature case in U.S. arbitration consumer law (AT&T Mobility v Concepcion), which offers the basis to open the debate of small claims contested during a Class Arbitral proceeding. It also weighs on the legal nature of Class Waiver Clause. It furthers on the possible sanctions that could be imposed on that clause, to conclude that Consumer Law in Colombia deserves a better and effective procedure favoring consumers by voiding with inefficacy a possible Class Waiver in an arbitration agreement. [ABSTRACT FROM AUTHOR]

The use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI chatbots rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative AI chatbot might invoke the fraud regime to annul the resulting contract in various legal systems. During this analysis, it becomes clear that some of the requirements that are currently being put forward from a public law perspective, such as in the European AI Act, may also naturally arise from existing private law figures. In the same vein, this analysis highlights the interesting intradisciplinary feedback between instruments of public law and other legal domains. [ABSTRACT FROM AUTHOR]

The notion of employment as a relational contract has received much academic attention and is gradually being recognised by common law courts in judicial decision-making. This article focuses on a primary question: what impact, if any, could that relational classification have on the remedies available where an employment contract is breached? Given that this question has not yet been considered judicially, and only mentioned in passing in academic writing, this article seeks to probe the question by traversing existing judicial and academic understandings of employment contracts as relational in nature. It then considers the potential impact that the relational classification may have on the remedies available to employees whose employment contracts have been wrongfully terminated by their employer. Three options are put forward in respect of the potential impact on the remedy available for breach, each of which is underpinned by a combined theoretical and doctrinal analysis. First, it is suggested that awards for specific performance may become more prevalent. Secondly, there may be a place for a special category of relational damages. Finally, it is acknowledged that the relational classification may end up having no impact on the available remedy at all. [ABSTRACT FROM AUTHOR]

This article critically engages with Peter Benson's theory of contract law. It explores whether his juridical conception of contract as a transfer of rights, which is governed by the contract law's internal principles of transactional justice, can be reconciled with fundamental rights. The article argues that the conventional distinction between the direct and indirect horizontal effect of fundamental rights is problematic because it does not make it unequivocal which body of law – fundamental rights or contract law – substantially governs the relations between contracting parties and determines the outcome of disputes between them. The answer to this fundamental question, however, is crucial for the stability of Benson's theory of contract law. Drawing on the European experience, the article shows that the relationship between fundamental rights and contract law can take the form of the subordination of contract law to fundamental rights or the complementarity between the two. While the latter is compatible with Benson's theory, the former is in tension with it. For the sake of conceptual clarity, therefore, it is useful to distinguish between three forms of the horizontal effect of fundamental rights in contract law – direct horizontal effect, strong indirect horizontal effect, and weak indirect horizontal effect. [ABSTRACT FROM AUTHOR]

This essay raises two challenges to Peter Benson's compelling new account of contract law. First, I argue that Benson's use of the concept of reasonableness goes beyond the Rawlsian account to require that we impute to others a capacity to transcend their contingent circumstances in the context of contractual choice. In fact, our choices in contract are driven by external contingencies and it is only reasonable to take those constrains on other people's choices into account. Second, I contest Benson's related claim that contract law should be, and largely is, content-neutral. I argue to the contrary that the justice of a society depends on the cumulative outcomes from market transactions, and the justice of transactions depends on the justice of the institutional matrix of which transactional law is one part. [ABSTRACT FROM AUTHOR]

The law in force in Palestine, which is based on the provisions of the Mecelle (Journal of Judicial Rules), does not specify in its codes a specific age of majority, which caused lack of legal clarity and judicial contradiction in Palestinian on when a person is eligible to from a legal contract, financial transactions, and legal obligations. While most legal scholars have linked the age of majority to sexual maturity, courts decisions have rather been inconstant on determining the issue, and failed to provide clear explanation or legal justification to when a person reach the legal capacity and the stage of rationality. Thus, this study will show the stages that a person undergoes until he reaches the age of majority, and the legal effects of each stage. It will also prove that, according to the law in force in Palestine, the age of majority and full legal capacity is when a person reaches the age of eighteen. [ABSTRACT FROM AUTHOR]

Covid-19 has created an unexpected global pandemic which has brought unprecedented and wide ranging restrictions from governments around the world. One result of these events has been profound disruptions to individual contracts. This article considers the nature and history of the doctrine of frustration in English law. The lack of certainty in ascertaining whether or not an event is a frustrating one is examined. A consideration of the particular problems innumerable parties will face in attempting to decide whether or not their contract has been discharged by frustration as a result of Covid-19 and the regulations designed to curtail the virus are made. The article concludes with an overview of the Law Reform (Frustrated Contracts) Act 1943. [ABSTRACT FROM AUTHOR]

This article addresses the application of good faith and the principle of solidarity through the analysis of the Italian and Ecuadorian legal system. In this perspective, its role in the current pademic context caused by covid-19 is examined. Above all, it highlights how good faith and solidarity could be used to address 'abusive behaviors', such as the irrational increase of the prices of masks and other personal protection equipment against the virus. [ABSTRACT FROM AUTHOR]

The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries' courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries. [ABSTRACT FROM AUTHOR]

In Great Peace Shipping v Tsavliris Salvage, the English Court of Appeal rejected the equitable doctrine of mistaken assumptions, arguing that the doctrine lacks a principled foundation. Defenders of the doctrine appear to agree that the doctrine lacks a coherent animating principle, but they think that its open-endedness is an argument in its favour. Against both the critics and the defenders, this article argues that the equitable doctrine of mistaken assumptions is a principled doctrine, one that protects individual self-determination by setting aside a contract that, due to a mistake about the quality of the thing contracted for, serves the purposes of one of the contracting parties but none of the other's. This defence of the equitable doctrine may seem to be an argument for replacing the narrow common law doctrine of mistaken assumptions with the equitable one, but I argue that it is not. The common law and equitable doctrines of mistaken assumptions are founded upon distinctive conceptions of human freedom, and each doctrine understands the normative significance of mistake in a manner suitable to the conception of freedom underlying it. Moreover, these conceptions of freedom are each incomplete on their own; they require each other for the vindication of their own claims to be conceptions of freedom. The English Court of Appeal was therefore wrong to conclude that the law of contracts must choose between the doctrines of common law and equitable mistaken assumptions; on the contrary, a law of contracts respectful of the freedom of its subjects requires both. [ABSTRACT FROM AUTHOR]

Differences in the civil law system in each country will substantially distinguish the legal principles adopted and the regulation of the treaty law. This study seeks to analyze the principles of law that exist in Indonesia in ensuring certainty in the implementation of contracts as a derivation of treaty law. In general, the basic principles of treaty law have been legalized in various forms of regulations and in the national legal system. Taking various perspectives on the main theories on justice and expediency, this study originally focused on the state's authority to guarantee the rights of citizens in agreements. The results of the study revealed that the principle of consensualism relating to the birth of the contract, the principle of freedom of contract relating to the contents of the contract and the principle of binding force relating to the effect of the contract of principles in carrying out the agreement absolutely must be fulfilled if the parties agree to bind themselves in carrying out legal actions. [ABSTRACT FROM AUTHOR]

Relief or compulsion are the two classes of remedy granted for a breach of contract. Traditionally English law is considered to favour relief-based remedies whilst French law prefer compulsion-based remedies. This article seeks to challenge this orthodoxy through the analysis of relatively recent changes in both jurisdictions regarding enforced performance in kind. More importantly, the influence that performance in kind has on other contractual remedies and clauses must be taken into account. Both contractual damages and penalty clauses are shaped by the availability of enforced performance in kind. Comparing English and French law shows that these two systems are converging which enables lawyers to anticipate the evolution of their respective jurisdictions. [ABSTRACT FROM AUTHOR]

In contemporary private law theory the relationship between 'macro' theories of distributive justice and the 'micro' site of interpersonal transactions remains under‐explored. In this paper, I draw on the 'macro' theory of justice articulated by John Rawls and offer an account of 'micro contractual justice' that helps us understand how the micro domains of contracting introduce particular relational constraints on the infusion of distributive considerations into contract law, resulting in constrained conception of 'relational Rawlsianism' operating in contractual domains. My framework provides a bridge between the macro and micro, helping us understand how they are in various senses separate yet interlocking, and also provides a 'third way' between all or nothing positions on the place of distributive justice in contract. [ABSTRACT FROM AUTHOR]

The present research pretends to analyse the abusiveness of the early termination clauses due to breach of contract because of non-payment contributions in mortgage loans with consumers and the consequences of nullity declaration of these clauses. In particular, the central purpose of this task is to determine the legal situations when this clause can be abusive, as well as if the judge must terminate the initiated procedure in this situation or if he can substitute the abusive clause with a legal and national disposition to continue the mortgage execution. This is a very controversial issue that has generated a big debate inside the Spanish and European jurisprudence and legal-scientific doctrine. This whole situation has led to many judicial pronouncements trying to solve the problem both from Supreme Court of Spain and Court of Justice of the European Union which have enormous consequences for our society. [ABSTRACT FROM AUTHOR]

This paper analyzes the effects of the Covid-19 pandemic on Contract Law, specifically objective non-compliance and contractual remedies in the context of exceptionality. This study is dogmatic using analytical and comparative methods. The starting point is to verify whether the Covid-19 pandemic constitutes an act of God, by analyzing whether this phenomenon and its consequences meet the requirements of externality, unpredictability and irresistibility. From this response, contractual remedies are explored, such as rebus sic stantibus or the frustration of purpose of contract, its relationship with the principle of Contract Law pacta sunt servanda, and how they have been evoked in the legislation issued in exceptionality, for which a comparative analysis of the regulation of the leasing contract is developed. The nature of the principles as sources of law and their application in private law is then analyzed. Finally, it is concluded that contract law in exceptionality resorts to principles, understood as the rationalization of the rules, which allows for flexibility in the search for solutions to complexity. [ABSTRACT FROM AUTHOR]

One of the most significant ways that the common law regulates employment contracts is through the implication of terms by law to fill gaps. This article traces the origins and current status of a selection of key terms implied by law into both English and Australian employment contracts. The majority of those terms have been derived from a combination of equity, tort, and the former master and servant regime. At their inception in English employment law, most were recognised as 'norms' in the master and servant regime. Only after the employment relationship was recognised as contractual did these norms become accepted as 'terms implied by law', both in England and Australia, yet they lacked proper justification as to why. This re-characterisation is problematic: it avoids adequate consideration of whether such terms are truly necessary in all modern employment situations. [ABSTRACT FROM AUTHOR]

The principle of free will stipulates that the contract, in terms of ordering the legal consequences and determining the type and nature of the agreement between the parties, should not conflict with certain rules. Given that the overwhelming majority of jurists and lawyers have considered the principle of free will as the origin of Article 10 of the Civil Code, as well as the rule of law of the subsidiary, but there is no consensus among them on the meanings and definitions of the principle of free will, in this paper, the impact of free will on the creation of new impacts on the long-term temporary marriage contract is examined. [ABSTRACT FROM AUTHOR]

The following article aims to present a comparative perspective on the legal mechanism of the debt assignment in the French and Romanian civil law. Convergent with an international movement of reform, both legislations offer new solutions concerning the debt assignment. We will analyse the definition, the object, the parties, as well as the effects between parties and towards third parties. The two legislations align in most aspects, with the exception of the required formal conditions, which consequently differentiate their effects and the opposability of debt assignment. A more general, yet relevant distinction is made in the legislative approach. The Romanian law is more detailed, with a tendency to define multiple hypotheses, being thus more rigid than its French counterpart. The latter is characterized by its briefness, which leaves more space for interpretation in any given situation, therefore being more flexible and adaptable. [ABSTRACT FROM AUTHOR]

This article examines some important legal developments, as well as corporate strategies, that have occurred as a result of recent movements initiated by U.S. workers, such as #MeToo, Time's Up, and others. It also includes a RESPECT checklist of business strategies to assist in improving corporate culture and climate. [ABSTRACT FROM AUTHOR]

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism. [ABSTRACT FROM AUTHOR]