affiliation not provided to SSRN
Canadian Business Law Journal, Vol. 30, 1998
Abstract:
It is well established, in English and Commonwealth law that a loss may be compensated even though its value cannot be established with any degree of certainty. Where the uncertainly is not of the plaintiff's making, and she has suffered a real loss, the court will attempt to assess it, however difficult the task.
A number of recent cases, English, Canadian and Australian, crossing the boundaries between tort and contract and between personal injuries and economic loss, have raised interesting and important questions about the relationship of the principle of causation to this aspect of the assessment of damages.
International Association of IT Lawyers (IAITL)
Shidler J. L. Com. & Tech., Vol. 3, No. 12, February 14, 2007
Abstract:
The United States ("U.S.") and the European Union ("EU") offer contrasting approaches to contract formation in Cyberspace. Two foci can be identified with EU law: (1) consumer protection and (2) market harmonisation. The American approach, however, is characterized by self-regulation and economic rationale. This Article examines and compares the EU and U.S. regulatory approaches to electronic contracting.
Keywords: consumer protection, e-commerce law, online contract, acceptance, receipt, electronic signature
JEL Classifications: K000
Stephen Michael Waddams
affiliation not provided to SSRN
Canadian Business Law Journal, Vol. 32, 1999
Abstract:
The decision of the Supreme Court of Canada in M.J.B. Enterprises Ltd v. Defence Construction (1951) Ltd. deals with a number of points important to construction contracts and to contract law generally. Defence Construction invited tenders for a construction project at a Canadian Forces base. Four tenders were submitted, the lowest of which included a handwritten note qualifying the bid by a provision that in certain circumstances extra payments were to be made. The principal issues were whether there was a contract between the plaintiff and Defence Construction, and what were its terms.
This article discusses the court's stance in the case on the issues of contract formation, implied terms, the interpretation of a privilege clause, and
Look Chan Ho
Freshfields Bruckhaus Deringer LLP
Singapore Academy of Law Journal, Vol. 20, p. 343, 2008
Abstract:
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on extraterritorial application of domestic statutes, reflect the philosophical underpinnings of universalism and draw on the US conflicts experience.
Keywords: cross-border insolvency, international insolvency, insolvency clawback, avoidance of antecedent transactions, choice of law, conflict of laws
