Principles of Internet contracting: Illuminating the shadows

2019 ◽  
Vol 48 (4) ◽  
pp. 208-232
Author(s):  
Caterina Gardiner
Keyword(s):  
United States ◽  
United Kingdom ◽  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
Contract Law ◽  
Contract Formation ◽  
The Common ◽  
The Relationship

The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.

scholarly journals Is MacPherson A Legacy of Civilian Views?

2016 ◽  
Vol 9 (1-2) ◽  
Author(s):  
Franz Werro ◽  
Claudia Hasbun
Keyword(s):  
United States ◽  
United Kingdom ◽  
Common Law ◽  
The United States ◽  
The Common ◽  
Privity Of Contract

Abstractliberated the common law of negligence in the United States from its traditional constraints and helped better protect victims of defective products regardless of privity of contract. It made its way to other common law jurisdictions—United Kingdom and Australia—where the same result was achieved.

scholarly journals The Invention of Common Law Play Right

2017 ◽  
Author(s):  
Jessica Litman
Keyword(s):  
United States ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
Property Right ◽  
Public Performance ◽  
Dramatic Works ◽  
History Of ◽  
The Common ◽  
Theatrical Practice

In this paper, written for Berkeley’s symposium on the 300th birthday of the Statute of Anne, I explore the history of the common law public performance right in dramatic works. Eaton Drone dubbed the dramatic public performance right “playright” in his 1879 treatise, arguing that just as “copyright” conferred a right to make and sell copies, “playright” conferred a right to perform or “play” a script. I examine case law and customary theatrical practice in England, and find no trace of a common law play right before 1833, when Parliament established a statutory public performance right for plays. Similarly, in the United States, the first claims of a common law right to control public performances appeared only after Congress enacted a statutory dramatic public performance right in 1856. Courts and lawyers developed a common law literary property right to control public performances in order to permit the proprietors of dramatic works to recover even though there were formal defects in their U.S. copyright registrations. Eaton Drone then used those cases as a basis for embroidering a full-blown common law literary property right purportedly based in natural law. Courts adopted Drone’s version of common law play right and followed it for the next thirty years. (The breadth of the common law claim, however, made little difference to actual playwrights, who were deemed to have assigned their common law rights to the producers of their plays.) This history suggests that the rights that we perceive as inherent or natural are fundamentally contingent on what rights already have names and a path to enforcement.

scholarly journals Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine

2021 ◽  
Vol 10 (1) ◽  
pp. 123-150
Author(s):  
Inna Vorotyntseva ◽  
Ivanna Hranina ◽  
Maryna Pysarenko
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Contract Law ◽  
Legal Research ◽  
Dynamic Changes ◽  
Distinctive Features ◽  
Foreign Countries ◽  
Force Majeure ◽  
The Common

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.

scholarly journals The Sh(e)aring Economy. Debates on the Law on Takings

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 54
Author(s):  
Nofar Sheffi
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
The Body ◽  
The Common ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Rethinking ‘sharing’ and the relationship between ‘sharing’ and ‘jurisdiction’, this meander proceeds in three parts. It begins with a journey to and through the forests of the nineteenth-century Rhineland, rereading Marx’s journalistic reports on debates in the Sixth Rhine Province Assembly about proposed amendments to forest regulation (including an extension of the definition of ‘wood theft’ to include the gathering of fallen wood) as a reflection on the making of law by legal bodies. From the forests of the Rhineland, the paper journeys to the forests of England, retracing the common story about the development, by legal bodies, of the body of common law principles applicable to ‘innkeeping’. Traveling to and through the ‘concrete jungles’ of the United States of America, the paper concludes with a reflection on Airbnb’s common story of creation as well as debates about the legality of Airbnb, Airbnb-ing, and ‘sharing’.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

Relationship of the production of the toxin, cerato-ulmin, to synnemata formation, pathogenicity, mycelial habit, and growth of Ceratocystis ulmi isolates

1980 ◽  
Vol 58 (6) ◽  
pp. 658-662 ◽  
Author(s):  
Shozo Takai
Keyword(s):  
United States ◽  
United Kingdom ◽  
The Netherlands ◽  
Radial Growth ◽  
The United States ◽  
Measurable Quantity ◽  
The United Kingdom ◽  
Relationship Of ◽  
The Relationship

Forty-seven isolates of Ceratocystis ulmi collected from Canada, the United States, the United Kingdom, France, the Netherlands, and Iran were classified with respect to their ability to produce cerato-ulmin (CU) and synnemata, their radial growth, mycelial habit, and pathogenicity.Twenty-nine isolates clearly produced CU in a measurable quantity while 18 isolates produced it only in trace quantities. In general, the former produced fluffy mycelium and were active in synnemata formation. They were aggressive in pathogenicity with one exception. The latter group of isolates generally produced waxy, yeastlike mycelium and formed very few synnemata. They were all nonaggressive in pathogenicity. Radial growth was generally higher among the isolates that produced CU in larger quantities than among those producing CU in trace quantities. The relationship between CU production and pathogenicity affords a method for estimating isolate pathogenicity without the need for host inoculation.

Slavery

2008 ◽  
Vol 9 (03) ◽  
pp. 491-506 ◽  
Author(s):  
Robin L. Einhorn
Keyword(s):  
United States ◽  
Property Rights ◽  
The United States ◽  
Individual Property ◽  
Public Power ◽  
History Of ◽  
The Common ◽  
Common Man ◽  
The Relationship ◽  
Individual Property Rights

The history of slavery cannot be separated from the history of business in the United States, especially in the context of the relationship between public power and individual property rights. This essay suggests that the American devotion to “sacred” property rights stemsmore from the vulnerability of slaveholding elites than to a political heritage of protection for the “common man.”

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