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Water Under the Paris Agreement: An Unexploited Potential? Liverpool Law Review Pub Date : 2024-02-06 Dieudonné Mevono Mvogo
Since some solutions are unsound, the Rio Conventions explore nature-based solutions to tackle environmental issues. The Convention on Biodiversity (CBD) promotes nature-based approaches, while Egypt has been invited to integrate water into the Conference of the Parties (COP 27) negotiations. However, despite the benefits of water for human and environmental systems highlighted by the scholarship,
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Corporate Responsibility to Respect Human Rights Defenders Under the UNGPs and Steps Towards Mandatory Due Diligence Liverpool Law Review Pub Date : 2024-01-22
Abstract Besides state actors, non-state actors and particularly private companies target human rights defenders (HRDs) and violate their rights to intimidate and stop them from challenging their interests. Despite the absence of responsibility of non-state actors in international human rights law, the United Nations Guiding Principles on Business and Human Rights (UNGPs) set out global standards and
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The Cross-Border Change of Legal form as an Alternative to Transnational Mergers? A Comparative Study Liverpool Law Review Pub Date : 2024-01-22 Thomas Kollruss
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The Continued Use of Private Acts of Parliament in the United Kingdom Liverpool Law Review Pub Date : 2024-01-19 Mark K. Heatley
The published reports of 88 cases mentioning Private Acts of Parliament (PAs), heard in the higher courts of England and Wales and Scotland were analysed to assess the courts’ current approach to PAs. Fifty-six English and eight Scottish cases were considered suitable for further assessment. Encyclopaedias and textbooks stress the application of contractual approaches, the contra proferentem rule and
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Plausibility to Human Vulnerability or Both: Shifting Provisional Measures Standards in Human Rights Cases Before the International Court of Justice Liverpool Law Review Pub Date : 2024-01-11 Atul Alexander
The International Court of Justice (ICJ) has the power to indicate provisional measures to preserve the rights of the States. States resorting to provisional measures as a first line of defence has recently increased exponentially. One of the requirements for rendering provisional measure is ‘plausibility’, which got its inception courtesy the separate opinion of Judge Abraham in the Pulp Mills case
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Retained EU Law and Implications for Pregnant Workers: A Therapeutic Jurisprudence Perspective Liverpool Law Review Pub Date : 2023-12-08 Anna Kawalek, Mercedes Rosello
Using the lenses and language of therapeutic jurisprudence, this paper will argue that the rights of pregnant workers are vulnerable in a post-Brexit climate. Whilst the sunset clause from the Retained EU Law Bill, which would have caused all retained EU law to automatically expire at the end of 2023 unless expressly stated otherwise by Ministers, was lifted, the original drafts of the Bill made clear
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Enacting a Law on Sexual Assault Using Deceptive Means in India Liverpool Law Review Pub Date : 2023-12-07 Nikunj Kulshreshtha
This article critically analyses the legal provisions on rape by deception in India. It begins by examining the strength of jurisprudence established by the courts in India for criminalising deceptive sex using doctrinal and theoretical methodologies. The article would then engage in an analysis of appellate judicial decisions in India on the said law. Thereafter, the article engages in a critical
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Antitrust Concerns in the Age of Data-Driven Economies: The Need to Revive the ‘Essential Facilities Doctrine’ Liverpool Law Review Pub Date : 2023-11-21 Garima Gupta
The advent of digital economy, more particularly platform markets has increased the role of ‘data’ massively. Data is the central fuel around which business strategies are made coupled with associated algorithms to increase the conversion rates. It is true that since today’s markets are data-driven in nature, dominant undertakings having access to data may end up prohibiting competitors to scale up
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The “Legality” of Necessity in the State of Exception Liverpool Law Review Pub Date : 2023-11-15 Alexander Carl Dinopoulos
In response to extreme conditions, government endowed with extraordinary powers in the form of a state of exception, released from the norms of a rule of law legal order, has been accepted as a modern political institution with an essential role in safeguarding democracy. It is only then, that a democratic government may achieve effective measures necessary to best address the extremities unfolding
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Human Rights in Sports Arbitration: What Should the Court of Arbitration for Sport do for Protecting Human Rights in Sports? Liverpool Law Review Pub Date : 2023-10-21 Tsubasa Shinohara
Sports governing bodies establish their sporting rules and regulations. Nevertheless, they confront a complex question concerning whether a female athlete who inherently possesses an advantageous quantity of testosterone may participate in female athletic competitions. In Caster Semenya and Athletics South Africa (ASA) v. IAAF, the Court of Arbitration for Sport (CAS) held that she could not participate
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The Rationing of Essential Resources in Times of Crisis: Logan’s Run and the ‘Science-fictional’ Right to Life Under Article 2 of the ECHR Liverpool Law Review Pub Date : 2023-09-28 Alice Diver, Rossella Pulvirenti, Leigh Roberts
We argue that the right to life—for example under Article 2 of the European Convention—has become an increasingly fragile thing, prone to sharp rationing by domestic law and policy makers, almost to the extent seen in certain works of dystopian science fiction. The near-future novel ‘Logan’s Run’ (1967) depicts a brutally austere regime, that is ‘justified’ in law on the basis that finite, scarcening
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Equity, Imagination and Contested Narratives Liverpool Law Review Pub Date : 2023-09-23 Adam Kirk-Smith
Justice and the idea of the moral good pervade legal philosophy and underlie much of legal practice in different contexts. They are particularly resonant in the law of equity and the remedies it makes available. This article uses equity and conceptions of justice explores the role of narratives, fairness and values through the lens of the constructive trust, science fiction, temporality, the counterfactual
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To Me My X-Men: An Analysis of the European Union’s Engagement with International Intellectual Property Law Through the Prism of a Trade Agreement with the Mutant Nation of Krakoa Liverpool Law Review Pub Date : 2023-09-19 Liam Sunner
The purpose of this Article is to examine the European Union’s external relations with the hypothetical mutant nation of Krakoa through the perspective of intellectual property and human rights filtered through a trade agreement between the parties. In doing so, the potential trade agreement with Krakoa allows for the critical reflection of the scope and application of international intellectual property
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Redact to React: Deconstructing Justice with Erasure Poetry Liverpool Law Review Pub Date : 2023-09-16 Sarah-Jane Coyle
The purpose of this article is to consider the philosophy, form and function underpinning erasure poetry. Erasure is a creative practice involving redaction or the striking through of certain words, phrases, or paragraphs in found documents and materials. The poetic form is comprised of what is left behind. The form has grown in popularity in recent years due to the advent of social media and the fact
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The Ontological Indifference of Rights of Nature Liverpool Law Review Pub Date : 2023-08-17 Bart Jansen
The ontological question of whether nature ‘naturally’ has rights is related to indigenous people’s interactions with nature. In the academic discussion of that relationship, roughly two movements can be discerned. Indigenous people in the first movement would reject the idea of personality as something granted by humans to non-humans. A second movement is the view that thinking about rights does not
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Online Disinformation and Populist Approaches to Freedom of Expression: Between Confrontation and Mimetism Liverpool Law Review Pub Date : 2023-08-12 Giuseppe Martinico, Matteo Monti
In this article, we shall explore how digital populists in Italy and the United States approach the ‘regulation’ of online disinformation in order to understand their approach to constitutions. The field of the measures adopted to combat disinformation seems to us an excellent case study to verify the populists’ constitutional approach. In this article, we will focus on the manipulative and instrumental
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The Use of Competition Law as a Mechanism of Corporate Governance in India Liverpool Law Review Pub Date : 2023-08-04 Anuradha Roy Chowdhury
Competitiveness is a key requirement for modern companies to survive. Effective corporate governance practices are also fast emerging as a fundamental obligation owed to shareholders and other stakeholders. The connection between competition and good corporate governance is derived from the product market competition hypothesis (PMCH) that projects the idea that operating in competitive markets would
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The Legal and the Literary: Cultural Perspectives on Brexit Liverpool Law Review Pub Date : 2023-07-21 Matteo Nicolini, Sidia Fiorato
The essay introduces a special issue on Brexit. Instead of merely focusing on its legal implications, this issue undertakes an examination of the UK leaving the EU from a law-and-humanities perspective. The legal analysis is therefore complemented by a broader assessment of the social and cultural features of Brexit, also extending over the complexity of the present and the incertitude posed by its
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Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change? Liverpool Law Review Pub Date : 2023-07-18 James Hand, Victoria Hooton
The approach in the United Kingdom to sex-based equal pay has for a long time been distinct from general sex discrimination and from equal pay based on other protected characteristics. This dichotomy allows for a greater focus on sex-based equal pay, in a distinct statutory regime, but also risks creating unnecessary, unintended and detrimental distinctions. This article outlines the different legislative
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The Role of Artificial Intelligence in Healthcare and Medical Negligence Liverpool Law Review Pub Date : 2023-07-17 Dhruv Mehta
AI has developed from a basic set of "if, then rules" to more sophisticated algorithms that function similar to the human brain. Applications of AI in medicine have grown since the introduction of ML and DL, opening the door to individualised treatment rather than medicine just based on algorithms. The application of AI in medicine is in both diagnostics and surgery. This paper helps analyse the role
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Unwriting Brexit? Bridging Fictions and Liminal Aesthetics Within the UK’s Hostile Environment Liverpool Law Review Pub Date : 2023-07-12 Laura A. Zander
The article considers the various frictions and fissures in contemporary European politics. Contrary to its historical genesis, this politics often aims at division rather than community, a development epitomized by Brexit. The creation, reinforcement, and protection of borders seem to be a core aim of this policy, which can be observed in EU foreign policy in the narrower sense, but also in the central
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Children’s Literature and National Consciousness: Bruno Vincent’s Five on Brexit Island (2016) and Five Escape Brexit Island (2017), Text by Enid Blyton Liverpool Law Review Pub Date : 2023-07-10 Sidia Fiorato, Susan Honeyman
Children’s literature focusses on the process of identity formation of its young readers and for this reason it has always been connected with models of social behaviour. By imaginatively engaging with the proposed narratives, the child experiences society’s and the nation’s embodied practices. However, there are also instances of resistance to accepted worldviews through unconventional characters
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‘A Symptom of an Underlying Condition’. Law, the Humanities, and a Non-formalistic Approach to Brexit Liverpool Law Review Pub Date : 2023-07-03 Matteo Nicolini
The essay addresses Brexit as a constitutional and jurisgenerative moment. It provides an alternative reading to that traditionally used to assess its impact on the Anglo-British constitution. Politics and legalism have trapped Britain in a formalistic approach without offering innovative responses to the challenges posed by Brexit, persuading the public that there are no alternatives to an out-of-Europe
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Fragmentation and Relationality in Brexit Narratives: Linda Grant’s a Stranger City Liverpool Law Review Pub Date : 2023-07-03 Silvia Pellicer-Ortín
The main purpose of this article is to explore the ways in which Linda Grant’s A Stranger City can be defined as illustrative of BrexLit. Many literary critics have argued that the majority of works within the genre of BrexLit primarily address this phenomenon from the British perspective, thus portraying its consequences only for the UK (mostly England) and British characters. I contend that A Stranger
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Strengthening the Theoretical Commitments Underpinning Therapeutic Jurisprudence Research: Ontology and Epistemology Liverpool Law Review Pub Date : 2023-07-03 Anna Kawałek
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The Lie of the Land: A Critical Legal Analysis Liverpool Law Review Pub Date : 2023-06-21 Giuseppe Martinico
In this essay I will analyse The Lie of the Land by Amanda Craig from a critical-legal perspective. Although the book never explicitly mentions the topic of Brexit, it is an excellent description of the country’s division after the referendum of 23 June 2016, depicting a country threatened by populist tensions and sovereignism.
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A tour through brexit Britain Liverpool Law Review Pub Date : 2023-06-19 Ian Ward
This article embarks on a tour of Brexit Britain in the company of the eighteenth-century writer Daniel Defoe. The closer text is his A Tour Through the Whole Island of Great Britain, published between 1724 and 1726. Defoe wrote his Tour, in considerable part, as a gentleman’s guide to the newly ‘United’ Kingdom of Great Britain. It seems apt to revisit Defoe’s Tour given the stresses which presently
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Frustration v Imprévision, Why Frustration is so ‘Frustrating’: The Lack of Flexibility in the English Doctrine’s Legal Consequence Liverpool Law Review Pub Date : 2023-05-27 Bashayer Al Majed, Abdulaziz AlMajed
The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted in
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How Does Case Law Shape Civil Law Systems? An Analysis of Spanish Administrative Courts Liverpool Law Review Pub Date : 2023-03-31 Alfonso Egea-de Haro
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De-banking v Good Faith: Doctrinal Assessment of Bank’s Interests when Terminating Payment Account Without Customer’s Consent in the View of EU and Latvian Law Liverpool Law Review Pub Date : 2023-02-25 Aleksejs Jelisejevs
As an element of the author’s suggested “good faith-based approach,“ this paper continues his doctrinal research to assess the conflicting interests of counterparties when banks close accounts unilaterally. It now focuses on the banks’ side and shows that while the bank’s interest in refusing contractual relations with problem customers is to maintain its business profitability, society is interested
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Odious Debt Liverpool Law Review Pub Date : 2023-02-25 Halil Rahman Basaran
Public international law does not encompass external sovereign debt. In particular, the current status of ‘odious debt’, which may also be termed ‘illegitimate debt’, in international law epitomizes the weakness of international law with respect to external sovereign debt. Odious debt is subject to politics and ad hoc relations on the international stage. By and large, the law engages with external
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Resolving the Constitutional Dilemma of the Uniform Civil Code in India through the Women’s Convention Liverpool Law Review Pub Date : 2023-02-15 Shritha K. Vasudevan
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How do Law Students Develop Commercial Awareness? Listening to the Student Voice on the Roles of the Law School and the Law Student in Developing Commercial Awareness Liverpool Law Review Pub Date : 2023-01-28 Siobhan McConnell
This article provides an authentic, student-centred account of how law students develop their commercial awareness on their journey to graduate employment. Drawing on data collected from a two year research study involving law students going through the graduate interview process, this article presents the first detailed empirical findings on how, when and why law students develop their commercial
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Case-Law on Informed Consent in Germany: A Model for Albania? Liverpool Law Review Pub Date : 2023-01-10 Ervin Pupe, Denard Veshi, Carlo Venditti, Raffaele Picaro, Kristel Haxhia
Since the 1990s, Albania has recognized human dignity as one of the main constitutional principles. However, the national medical jurisprudence regarding informed consent has not been developed as in other Western European Countries. Germany is one of the countries that has a long tradition of protecting human dignity in patient-physician relations.This contribution studies the German law on informed
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A Behavioural Analysis of the Future of Collective Redress for Financial Consumers Following the Supreme Court Decision in Merricks v Mastercard Liverpool Law Review Pub Date : 2022-12-09 Joanne Atkinson
One of the biggest problems faced by consumers seeking redress for financial harm is the prohibitive expense and impracticality of bringing low-value individual legal proceedings. The Consumer Rights Act 2015 introduced a new regime for collective redress for competition law infringements whereby for the first time, claims may be brought on an opt-out basis. The new regime was examined by the Supreme
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Construing Climate Change Adaptation as Global Public Good Under International Law: Problems and Prospects Liverpool Law Review Pub Date : 2022-12-05 Abhishek Trivedi, Stellina Jolly
Article 7 of the Paris Agreement recognizes that adaptation is a ‘global challenge faced by all with local, regional and international dimensions.’ It further establishes the ‘global goal on adaptation focusing on enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to contributing to sustainable development.’ However, the lack of international
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From Sagen to Henriques: Legal Challenges to Olympic Event Selection Decisions and the Role of the Court of Arbitration for Sport Liverpool Law Review Pub Date : 2022-11-26 Marcus Mazzucco, Hilary Findlay
The interests of athletes are a fundamental aspect of the Olympic Movement. Yet, athletes face jurisdictional barriers when attempting to advance their interests and challenge the International Olympic Committee (IOC)’s exercise of authority over the Olympic Movement, including the IOC’s decisions regarding which sport events are included in the Olympic Games. Previous attempts to challenge the IOC’s
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The Supreme Court of India and International Law: A Topsy-Turvy Journey from Dualism to Monism Liverpool Law Review Pub Date : 2022-09-21 Prabhash Ranjan
In the relationship between international law and national law, the normative framework enshrined in the Indian Constitution is of formal dualism. Thus, international law does not become part of the Indian legal regime until it goes through a process of transformation i.e. the parliament passing a legislation to implement international law. However, the Supreme Court of India has moved away from this
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Major Differences in Minors’ Contracts: A Comparative Analysis into the Validity of Contracts with Minors in the Sport and Entertainment Industry Liverpool Law Review Pub Date : 2022-08-27 Shaun Star, Divyangana Dhankar
In Australia and the UK, contracts with minors in sports and entertainment are not uncommon. Generally, such contracts are voidable at the option of the minor. However, when contracts fall within the category of beneficial service, as is the case with most professional sports or entertainment contracts, they will be enforceable against the minor. Indian courts do not prescribe to this view holding
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Contract Negotiations and the Common Law: A Move to Good Faith in Commercial Contracting? Liverpool Law Review Pub Date : 2022-07-30 Paula Giliker
Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of “good faith” as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the European Union and their use in international conventions such as the
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Civil-common Law Divergence on Penalties: Is it a Thing of the Past? Liverpool Law Review Pub Date : 2022-07-21 Larry A. DiMatteo
This article examines the rationale for the common law’s penalty rule and finds it lacking. It examines the rule as applied in different common law systems since the 2015 United Kingdom Supreme Court decision in Cavendish Square Holding v Makdessi and ParkingEye Ltd v Beavis. The article concludes that the chaotic jurisprudence surrounding the rule warrants its elimination. The rationale that was the
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Industry-Led Standards, Relational Contracts and Good Faith: Are the UK and Australia Setting the Pace in (Construction) Contract Law? Liverpool Law Review Pub Date : 2022-07-20 David Christie, Séverine Saintier, Jessica Viven-Wilksch
The law of contract is changing. “Good faith” and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia, reducing the (judicial and doctrinal) utility and impact of such conceptual tools. In contrast, the construction industry is trying to move forward in
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Control of Unfair Terms Under Cypriot Contract Law Liverpool Law Review Pub Date : 2022-07-14 Nicholas Mouttotos
The introduction of the EU Unfair Terms in Consumer Contracts Directive in the legal system of Cyprus was the first instrument specifically dealing with the problems that arise with standard form contracts and the issue of consent. However, the Directive only generated caselaw approximately twenty years after its adoption, whereas the principle-based approach of the test for unfairness (significant
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Contract Law in Common Law Countries: A Study in Divergence. Liverpool Law Review Pub Date : 2022-07-14 Manasi Kumar,Maren Heidemann
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The Rise of the Mailbox Rule and Formation of Contracts in English, US and Canadian Law Liverpool Law Review Pub Date : 2022-07-02 Mitja Kovac
The proper interpretation of offers and acceptances has, despite their undisputable role in the formation of contracts, received relatively little theoretical and comparative analysis in recent years. The notorious legal question of when a contract is considered to have been formed is a fundamental concept in all legal systems, yet its nature remains poorly understood and controversial. Moreover, recent
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The Significance of R(BG and Anor) v Suffolk CC (2021): Meeting ‘Eligible Need[s]’ in Social Care? Liverpool Law Review Pub Date : 2022-07-02 Alice Diver, Belinda Schwehr
The reasoning in Suffolk offers a partial redefinition of the notions of wellbeing and individual need, via its detailed analysis of the legislative frameworks associated with the making - and interpretation - of needs assessments. The decision underscores the subjective nature of many such decisions which involve a conceptualisation of eligible needs, particularly where these are made against a backdrop
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The Hermeneutics of the Concept of Misrepresentation: Addressing the Quagmire of Damages and Compensation in Cases of Misrepresentation in Formation of a Contract Under Indian and English Law Liverpool Law Review Pub Date : 2022-06-22 Gautam Mohanty, Gaurav Rai
In England, fraudulent misrepresentation is governed by English common law and damages are provided under the Tort of Deceit whereas negligent and innocent misrepresentation is governed by the Misrepresentation Act, 1967. In India, fraud is governed by s 17 of the Indian Contract Act, 1872 (ICA) and misrepresentation by s 18 of the ICA. Notably, unlike in England where the remedies for fraud and misrepresentation
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A Theory of Frustration and Its Effect Liverpool Law Review Pub Date : 2022-06-22 Sagi Peari, Zamir R. Golestani
One of the key legal questions that COVID-19 has raised relates to the status of the traditional contractual doctrine of frustration. The pandemic and the ongoing lockdowns across the globe have made it difficult for many contracts to perform. At the same time, there is a deep doctrinal and conceptual confusion with respect to the very essentials of this doctrine and its remedy - i.e., what happens
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Minors’ Contracts in the Digital Age Liverpool Law Review Pub Date : 2022-06-21 Shivangi Gangwar
Minority is well established as a form of legal incapacity across jurisdictions and laws. Some countries grant minors with limited capacity to contract while others consider all minors’ contracts to be void. These rules were laid down in the pre-digital age. Minors today are entering into more and varied transactions than the generations before them, be it shopping on e-retail websites, creating social
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Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia Liverpool Law Review Pub Date : 2022-06-01 Joshua Teng, Kailash Kalaiarasu
Contracts often make provision for the remedies available upon breach, i.e., by providing for a sum or stipulation available to either party upon breach by the other (an ‘agreed damages clause’). A persistent question is whether, and to what extent, such clauses are enforceable. In this paper, we analyse the convergences and divergences between Malaysia, Singapore, and England, in particular following
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The Ambivalent Notion of ‘Fundamental Breach’ in Indian Law of Contract: Towards a New Paradigm Liverpool Law Review Pub Date : 2022-06-02 Saloni Khanderia
This paper analyses the concept of fundamental breach under Indian law of contract. In doing so, it provides a comparative assessment with English law. It examines some plausible reasons for Indian law not being a favourable choice in the international community despite its wide-ranging similarity to English law. The paper accordingly identifies some mechanisms to develop Indian law in the interests
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Construing the Written Warranty Liverpool Law Review Pub Date : 2022-06-01 Manasi Kumar, Nistha Pant
In common law, the question of whether the express warranty is one that sounds in contract or tort has been a question of some debate. This question is not one of mere academic or historical interest, but an urgent one even today. Its contemporary relevance is most apparent in the US, where the discussions around the tortious roots of the warranty are found in the current debates around “sandbagging”
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Unconscionability of E-contracts: A Comparative Study of India, the United Kingdom, and the United States Liverpool Law Review Pub Date : 2022-05-25 Dharmita Prasad, Pallavi Mishra
Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically electronic consumer contracts. The paper touches upon the duty to read doctrine in contracts and electronic contracts. While the doctrine of unconscionability has evolved it has been playing catch up with the demands of consumers
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Frustration: Navigating the Bramble Bush Liverpool Law Review Pub Date : 2022-05-09 Shivprasad Swaminathan
The law of frustration is tantalizingly simple when it comes to stating it, but incredibly hard when it comes to applying. One would be getting the wrong end of the stick if one were to treat various judicial statements surrounding the doctrine as axioms to be applied in a rule-like manner. Doing so would wrongly lead to a disproportionately large number of ‘false positives’. The purpose of this article
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Thought Crime and the Treason Act 1351 Liverpool Law Review Pub Date : 2022-04-17 Daniel J. Hill, Daniel Whistler
Has there ever been a law criminalizing mental states in themselves? We show that there has been, and still is: the Treason Act 1351. We argue for what we call ‘the Mental Interpretation’ of the Act, over against the interpretation that it criminalizes a complex of a mental state and an ‘overt act’. We also provide authority for the stronger thesis that the overt act functions purely as evidence for
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Book Review “M. Nicolini, S. Bagni, Comparative Constitutional Justice, Eleven, 2021” Liverpool Law Review Pub Date : 2022-02-28 Matteo Monti
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Improving the Law for Animals: a Campaigning Lawyer’s Perspective Liverpool Law Review Pub Date : 2022-01-21 David Thomas
The protection which the law gives animals is based on a fundamentally different philosophy to that it gives people. With people, causing significant physical harm is nearly always prohibited, irrespective of any benefit which might accrue to others. By contrast, animals’ essential interests are weighed against a wide range of human interests, and usually they lose out. That routinely means that significant
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Shifting Interpretation in International Court of Justice’s Decision in the Islamic Republic of Iran v. United States of America: A Deliberate Step? Liverpool Law Review Pub Date : 2022-01-03 Atul Alexander, Swargodeep Sarkar
Iran and the United States (US) have resorted to the International Court of Justice (ICJ) on five occasions to settle their disputes. The latest dispute was initiated by Iran and pertains to US’s decision of withdrawal from the Joint Comprehensive Plan of Action (JCPOA) agreement and re-imposition of sanctions on Iran, including its nationals and companies. In this brief critique, the authors have
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Assessing the Application of the Principles of Non-discrimination and Gender Equality in Relation to Devolution of Land upon Death in Nigeria Liverpool Law Review Pub Date : 2021-11-15 Daniel Ugwo Eze, Edith Ogonnaya Nwosu, Okechukwu Timothy Umahi, Uchechukwu Nwoke
The Constitution of the Federal Republic of Nigeria 1999 (as amended), guarantees the right to freedom from discrimination. Similarly, the Land Use Act 2004, which is the principal legislation governing land matters in Nigeria, endorses a right of occupancy system that allows all genders to inherit land, without discrimination. Further, Nigeria is a State party to several regional and international
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Resisting United Nations Security Council Resolutions Liverpool Law Review Pub Date : 2021-11-03 Atul Alexander,Kuldeep Khichi