Sunday, December 7, 2008
As our world shrinks and becomes increasingly interconnected, U.S. scholars visit or take posts abroad and foreign scholars reciprocate, and private law systems tend to converge, it seems odd that U.S. contracts scholarship is not chock full of citations to articles and essays appearing in foreign law journals and that, likewise, the work of predominantly non-U.S. scholars appearing in foreign law journals -- particularly from countries that share a common legal ancestry -- is not chock full of citations to articles and essays appearing in U.S. law journals. It's as if we still lived in an age where most legal scholars relied on postal delivery of law journals, there was no Internet providing a worldwide web of opportunities for collaboration and cross-pollination, and the only English-language journal devoted to contracts scholarship -- the Journal of Contract Law -- wasn't based in Australia.
In an effort to help raise awareness among this blog's readers, most of whom are (as am I and my fellow bloggers) based in the U.S., this is the first of an irregular series of posts designed to call attention to recent English-language contracts scholarship appearing in journals that SmartCILP generally does not index and to which Westlaw or LexisNexis may not provide full-text on-line access. (Hein Online makes many of these periodicals available -- but typically not the most recent issues.)
Richard Austen-Baker, Consumer-Supplier Relations, Regulation and Essential Contract Theory, 24 J. Contract L. 60 (2008).
Lord Bingham of Cornhill, A New Thing Under the Sun? The Interpretation of Contract and the ICS Decision, 12 Edinburgh L. Rev. 374 (2008).
David Capper, The Extinctive Effect of Promissory Estoppel, 37 Common L. World Rev. 105 (2008).
David Capper, A "Golden Victory" for Freedom of Contract, 24 J. Contract L. 176 (2008).
J.W. Carter, Partial Termination of Contracts, 24 J. Contract L. 1 (2008).
J.W. Carter & Elisabeth Peden, Damages Following Termination for Repudiation: Taking Account of Later Events, 24 J. Contract L. 145 (2008).
David Collins, Compulsory Arbitration Agreements in Domestic and International Consumer Contracts, 19 King's L.J. 335 (2008).
Wayne Courtney, Termination of Contract by a Party in Breach, 3 J. Bus. L. 226 (2008).
Wayne Courtney, Construction of Contractual Indemnities -- Out with the Old, in with the New?, 24 J. Contract L. 182 (2008).
Ross Grantham & Charles Rickett, A Normative Account of Defences to Restitutionary Liability, 67 Cambridge L.J. 92 (2008).
Birke Häcker, Mistakes in the Execution of Documents: Recent Cases on Rectification and Related Doctrines, 19 King's L.J. 293 (2008).
Parker Hood, "A Stitch in Time"? Repairs and Rejection in Sale of Goods, 12 Edinburgh L. Rev. 316 (2008).
Simon Lean-Massey, Employment Agreements: Special Contracts Deserving of Special Treatment?, 14 Canterbury L. Rev. 101 (2008).
Sarah Leslie, Much Ado About Nothing: Steele v Serepisos and a Notice Requirement for Contingent Conditions, 39 Victoria U. Wellington L. Rev. 319 (2008).
David McLauchlan, The "Drastic" Remedy of Rectification for Unilateral Mistake, 124 L.Q. Rev. 608 (2008).
Jennifer M. Nadler, What Right Does Unjust Enrichment Law Protect?, 28 Oxford J. Legal Studies 245 (2008).
Sara Partington & Kirk Page, Best Endeavours? What's Reasonable and What's Best?, 158 New L.J. 1407 (2008).
Luke Pearce, Foakes v. Beer and Promissory Estoppel: A Step Too Far, 19 King's L.J. 630 (2008).
David Pearce & Roger Halson, Damages for Breach of Contract: Compensation, Restitution and Vindication, 28 Oxford J. Legal Stud. 73 (2008).
Nick Sage, Should Contract Law Demand Equality in Exchange? Reflections on Substance, Procedure and a Modus Vivendi, 24 J. Cont. L. 28 (2008).
Chaim Saiman, Restitution in America: Why the US Refuses to Join the Global Restitution Party, 28 Oxford J. Legal Stud. 99 (2008).
James Simon, European Contract Law: Odysseus the Hero or Muffin the Mule?, 2 L. & Fin. Mkts. Rev. 498 (2008).
Richard Sutton, Interest on Money Claims: The Restitutionary Award, 23 N.Z. U. L. Rev. 34 (2008).
Greg Tolhurst, The Nature of an Assignee’s Right to Damages for Breaches of Contract That Occur Prior to Assignment, 24 J. Cont. L. 77 (2008).
Alexander Trukhtanov, Foakes v Beer: Reform of Common Law at the Expense of Equity, 124 L.Q. Rev. 364 (2008).
John Zerilli, Accident in the Equitable Jurisdiction, 24 J. Contract L. 112 (2008).
Qi Zhou, An Economic Perspective on the Doctrine of Unilateral Mistake in English Contract Law: A Remedy-Based Approach, 59 N. Irl. L.Q. 327 (2008).
[Keith A. Rowley]