On the Docket’s Preview of the March Supreme Court Arguments
The first oral arguments for the month of March will commence when the Court convenes this coming Monday. Since our last set of argument previews was released, the Court has issued opinions in nine different cases, including a consequential ruling in Jennings v. Rodriguez. The Court’s March schedule will undoubtedly generate momentous decisions as well, as... Read More
The Implication of Terms-in-Fact: Good Faith, Contextualism, and Interpretation
Martin A. Hogg 85 Geo. Wash. L. Rev. 1660 U.S. contract law has a rich heritage of good faith jurisprudence. By contrast, the good faith jurisprudence of the United Kingdom is relatively underdeveloped. This Essay undertakes to examine the role of good faith in the implication of terms-in-fact in British contract law. The analysis extends... Read More
Contractual Remedies: Beyond Enforcing Contractual Duties
Mindy Chen-Wishart 85 Geo. Wash. L. Rev. 1617 The question that I want to address is a pretty fundamental one in contract law. When I order a pizza, I want the pizza; I don’t want damages for not getting the pizza. So why is it that contract law will only give me damages and not... Read More
Fall 2016 Symposium: Divergence and Reform in the Common Law of Contracts
Blake D. Morant 85 Geo. Wash. L. Rev.1581 My service as a 2011 Visiting Fellow at University College Oxford afforded the opportunity to engage with scholars throughout the United Kingdom. Of particular note in this distinguished cadre of academics was Sir Guenter Treitel, one of the most noted scholars of contract law in Europe, who... Read More
The European Union’s Influence on English Consumer Contract Law
Geraint G. Howells 85 Geo. Wash. L. Rev. 1904 The European Union has introduced many consumer protection laws. As the U.K. prepares to leave the Union it is timely to reflect on the impact of Europe on U.K. consumer law. Unfair terms is taken as a case study as it involved the U.K. adopting a... Read More
A Examination of Judicial Reasoning—When a Penalty Is Not a Penalty
Larry A. DiMatteo 85 Geo. Wash. L. Rev. 1846 This Article reviews the landmark decision of the United Kingdom Supreme Court involving two cases collectively known as Cavendish-ParkingEye. The decision represents an assault on the common law’s penalty rule, which invalidates liquidated damages clauses that are determined to be penalties. The Court upheld two clauses... Read More
The Sharing Economy and the Edges of Contract Law: Comparing U.S. and U.K. Approaches
Miriam A. Cherry 85 Geo. Wash. L. Rev. 1804 Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law... Read More
The Sharing Economy in the EU and the Law of Contracts
Rolf H. Weber 85 Geo. Wash. L. Rev. 1777 The concept of the “share economy” has not been developed in a meaningful way in the European Union (“EU”) to date. The importance of the data economy has been acknowledged and many discussion papers are circulating regarding this subject. Despite this progress, the competence of the... Read More
A Civilian Perspective on Network Contracts and Privity
Matthias E. Storme 85 Geo. Wash. L. Rev. 1739 In order to contribute to the debate on the “edges of contract law,” especially on the value of the privity rule in an age of network contracts and sharing economy, this Essay analyzes some approaches and solutions chosen by continental or civil law systems of private... Read More
Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler 85 Geo. Wash. L. Rev. 1717 Contract law has long been a favorite area of study among comparative law scholars. Economists have posited that contract institutions play a central role in economic development. Yet, in sharp contrast to the state of the art in other fields (such as corporate law and bankruptcy law),... Read More