Category Archives: Uncategorized

Unjustified enrichment: South Africa and Europe

A workshop took place in the famous Raeburn Room at Edinburgh University on Friday 24 January on the theme of “New Directions in Unjustified Enrichment: Learning from South Africa”. Many great beasts of the enrichment forest were there, from England … Continue reading

Posted in Uncategorized | Tagged , , | 1 Comment

The Common European Sales Law in Context

Along with some 200 million others I have been following on the internet the world championship chess match in Chennai. Along with a smaller number of others I have been reading from start to finish the new book on The … Continue reading

Posted in Uncategorized | Leave a comment

Early career poster competition: European and comparative private law

Eric Descheemaeker has asked me to publicise this competition. This I am very pleased to do as the event should, if well supported, produce interesting and exciting results and a lot of satisfaction and fun for those entering. Here is … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Contracting out of liability for consequential loss under the proposed Common European Sales Law (CESL)

In the last entry it was noted that an innocent seller could have a ferociously disproportionate liability for consequential loss under the CESL and might have no right of redress against sellers further up the contractual chain. The question to … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Zimmermann and Wilson on causation and foreseeability

When Reinhard Zimmermann gave the W.A. Wilson Memorial Lecture in Edinburgh on 5 September he discussed questions of causation and foreseeability in relation to the provisions on damages in the proposed Common European Sales Law (CESL) and its main antecedents. … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Tort law defences

At a seminar last night, under the auspices of the Edinburgh Centre for Private Law, James Goudkamp (Oxford) spoke about his new book with the above title and Eric Descheemaeker (Edinburgh) responded. James Goudkamp’s  main arguments were (1) that a … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Termination for non-conformity under the proposed Common European Sales Law (CESL)

The amendments to the CESL approved by the Legal Affairs Committee of the European Parliament at its last meeting include important changes to the buyer’s right to terminate for non-conformity. Under the original proposal a consumer buyer’s right to terminate … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

New rules on good faith and fair dealing in the proposal for a Common European Sales Law

The Report adopted by the Legal Affairs Committee of the European Parliament on the Common European Sales Law (CESL) on 17th September is now on the committee’s website. So it is now possible to see what happened on the controversial … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Proposal for a Common European Sales Law advances

On 17th September the Legal Affairs Committee of the European Parliament approved by a huge majority (19 for, 3 against, 2 abstentions) a report supporting the proposal for a Common European Sales Law (CESL). It therefore took a totally different … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Restitution or reliance damages?

David Campbell (Leeds) gave an interesting paper on this topic at the Edinburgh conference of the Society of Legal Scholars. He focussed on the following type of case. A buyer of a quantity of steel, who (unusually) has paid in … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment