..., distribution, and reproduction in any medium, provided the original work is properly cited. Abstract This paper takes a simple definition of consent from the law of battery—consent involves a conscious choice—to show that consent so defined plays a crucial but necessarily limited role in contract law...

... of probability for a rule which was fundamental to contemporary contract law in continental Europe. This article reconstructs a remarkable story about the place of mathematics in the history of contractual justice and the place of contractual justice in the history of mathematics. Roman law contract law just...

... or liberty holder. Yet duties and liberties can (and do) pertain to matters other than the action or inaction of the duty bearer or liberty holder. This insight has a range of doctrinal implications. rights legal philosophy private law contract law equity tort Wesley Newcomb Hohfeld famously cautioned...

... legality of certain pricing practices, such as ‘contingent charges’, and the challenge they pose to fundamental principles of contract law. An in-depth view of the 2015 case of Beavis v ParkingEye argues that the UK Supreme Court has validated contingent pricing models in a manner unsupported...

...) recently adopted in the European Union ²⁰ and the Online Safety Bill introduced, but not yet adopted in the UK, are worth special attention. ²¹ Moreover, content moderation issues are subject to contract law since they constitute a part of contractual relationships between platforms...

... and acceptances were ‘carried out through the use’ of software. ⁷ Unquestionably, the technologies deployed by humans to assist them in the process of contract formation can be extremely complex. This complexity is, however, generally inconsequential from a contract law perspective. The latter...

...; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments. contract law contractual terms express terms implied terms interpretation philosophy of private law Contractual terms can be either express or implied. That statement...

...Ryan Catterwell Contract law can be conceptualised in terms of two motivating ideas: autonomy and institutionalism. The law of contract is primarily driven by the need to give effect to what the parties promised, agreed or intended. But it is also about the implementation of normative goals...

... assertion that damages are the invariable remedy, arguing that an impugned exercise of discretion may be void or voidable. contract law discretion judicial review implied terms remedies Wednesbury Crucial to understanding reasonableness review is the courts’ conception of the judicial role...

... associated with cloud computing contracts. The article also indicates possible solutions to the issue of non-monetary remuneration. cloud computing consumer protection contract law European law personal data Cloud computing has become one of the most widespread IT solutions, attracting the attention...

... equivalent to the value of his lost choice. If this new choice value approach I develop is correct, then negotiating damages can be understood as compensating the loss of the value of choice. negotiating damages compensatory principle legal theory remedies contract law I focus on an exceptional category...

.... administrative law contract law equality judicial review Kant Governments appear to enjoy different legal powers and moral capacities, depending on whether they are acting as public authority decision makers, or engaging in contracts as commercial entities. The idea that public entities lose...

...D Robert MacDougall contract law health policy Kant’s political philosophy kidney transplant organ markets The moral and legal permissibility of selling kidneys has been heavily disputed in the contemporary bioethics literature. Most jurisdictions prohibit such sales, including the European...

... the centuries. However, its substance is more slippery, continually evolving to fit the shifting priorities of contract law. Even today, the rule is difficult to pin down. In what sense must the words of the contract be ‘ambiguous’, ⁷ or a meaning ‘less favourable’? ⁸ And, perhaps most...

... and legal decisions because the case established the right of individuals to be compensated for the ‘loss of a chance’ in contract law. This ‘loss of a chance’ doctrine continues to be accepted in the UK and commonwealth nations in cases involving a breach of a contract in commercial law. The concept has...

... the thought, ⁸ and it appears only briefly and sporadically in philosophical discussions about contract law’s foundations. These discussions remain focused instead on the relationship between promissory morality and contract law. That may be because theorists of contract law tend to eschew...

... and appraises the resulting alterations to the positive law. agency good faith commercial agents EU private law common law contract law This development did not give rise to theoretical difficulties in civil law Member States, as good faith was already an integral part of their legal frameworks...

... This article examines the current approach to the quantification of damages for non-pecuniary loss, and the issues that have arisen therein. Notwithstanding the acceptance by English contract law that certain forms of non-pecuniary loss are compensable, substantial difficulties still arise when attempting...

... of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law as a whole, from the basic structure. However, this interpretation of Rawls is untenable, given the motivations for his emphasis on the basic structure and the highly inclusive...

... and general consumer rights. The article examines ways of similarly bolstering consumer redress mechanisms in Hong Kong and discusses the merits and potential design of a new consumer rights ordinance. contract law digital content law reform marketing information duties online and app-based games...