Author Archives: Eric Clive

Two contract laws restated

Andrew Burrows has followed up his excellent Restatement of the English Law of Unjust Enrichment with an equally impressive Restatement of the English Law of Contract. This is a sort of draft code and commentary on English contract law which … Continue reading

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Unwinding failed contracts

The Wilson Memorial Lecture was given yesterday by Sonja Meier of the University of Freiburg on the theme of “Unwinding failed contracts – new European developments”. It was a brilliant performance, beautifully delivered, perfectly timed and, above all, cogently argued. … Continue reading

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Farewell to unjustified enrichment?

“That was a surprisingly civilised discussion” said Eric Descheemaeker as he brought to a close the workshop on unjustified enrichment at 7 pm last Friday. The remark was understandable. The main speaker, Nils Jansen, had been arguing that it was … Continue reading

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The new UK law on penalty clauses and European private law

Recent decisions by the UK Supreme Court on penalty clauses are of some interest from the point of view of European private law. The decisions were in the conjoined cases ofCavendish Square Holding BV v Talal El Makdessi and ParkingEye … Continue reading

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The proposed new digital single market contract law Directives

Introduction I would expect an honest EUphobe (pronounced You phobe) to be prepared to admit that there were merits in an EU proposal which had merits. Similarly an honest EUphile should be prepared to admit that there are demerits in … Continue reading

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Rebirth of EU contract law proposal

The European Commission has published some more information on its comprehensive digital single market strategy. This will include measures to make e-commerce easier. A passage in the fact-sheet which accompanies the latest announcement (6 May 2015) says this:- The Commission will … Continue reading

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Proposal for a Common European Sales Law withdrawn

On 16 December 2014 the EU Commission presented its Work Programme for 2015 to the European Parliament. The general theme was a thinning down of initiatives and a concentration on those most likely to succeed and to have a positive … Continue reading

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Should the law on donation be bigger or smaller?

The question is prompted by a workshop on the law of donation held on 1st December under the auspices of the Edinburgh Centre for Private Law. Laura Macgregor, chairing the meeting, explained that its purpose was partly to bring property … Continue reading

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European family law at the Ius Commune Conference at Edinburgh

It was impossible for any one person to savour the full richness of contributions on offer at the Ius Commune Conference in Edinburgh on 27 and 28 November. This is a disadvantage of the workshop system adopted. The advantage is … Continue reading

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On restatements and judicial law reform

At the symposium last Friday where Hugh Beale was presented with a fine book of essays in his honour (see preceding post) Andrew Burrows spoke on “Alternatives to Legislation: Restatements and Judicial Law Reform”. He rather favoured such alternatives. I would … Continue reading

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