Liverpool Law Review最新文献_第7页

Shifting Interpretation in International Court of Justice’s Decision in the Islamic Republic of Iran v. United States of America: A Deliberate Step? 国际法院对伊朗伊斯兰共和国诉美利坚合众国案判决解释的转变:一个深思熟虑的步骤?

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Liverpool Law Review Pub Date : 2022-01-03 DOI: 10.1007/s10991-021-09292-1

Atul Alexander, Swargodeep Sarkar

引用次数: 0

Minors' Contracts in the Digital Age. 数字时代未成年人的合同。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-06-21 DOI: 10.1007/s10991-022-09298-3

Shivangi Gangwar

{"title":"Minors' Contracts in the Digital Age.","authors":"Shivangi Gangwar","doi":"10.1007/s10991-022-09298-3","DOIUrl":"https://doi.org/10.1007/s10991-022-09298-3","url":null,"abstract":"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 media accounts, or the more traditional employment contracts. This paper examines how the three jurisdictions of England, India and South Africa deal with minor contracts in the digital age. While South Africa permits minors above the age of seven years to enter into contracts with parental assistance, the English and Indian position is that minor contracts are unenforceable against minors, unless they are 'contracts for necessaries' or contracts for the benefit of the minor. Judicial interpretation of these categories has been fluid and indeterminate, creating its own set of problems. This paper argues from the Indian standpoint that the current understanding is inadequate to address the issues that will arise from the mismatch between law (where minority is almost synonymous with incapacity) and reality (where minors are increasingly entering into contracts). The author suggests that the definition for minority for contractual liability should be graded after the model of criminal liability and demonstrates that there are some, albeit imperfect, gains to be had from the South African system.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"43 2","pages":"237-261"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9212194/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40402924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Improving the Law for Animals: a Campaigning Lawyer's Perspective. 完善动物保护法律:一名律师的观点。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-01-21 DOI: 10.1007/s10991-022-09293-8

David Thomas

引用次数: 1

Masks, Mingling and Magic: Gibberish Law in the Age of Covid. 面具、混合和魔法:新冠时代的胡言乱语法则。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2021-10-26 DOI: 10.1007/s10991-021-09288-x

Ian Ward

引用次数: 0

Control of Unfair Terms Under Cypriot Contract Law. 塞浦路斯合同法对不公平条款的控制。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-07-14 DOI: 10.1007/s10991-022-09304-8

Nicholas Mouttotos

{"title":"Control of Unfair Terms Under Cypriot Contract Law.","authors":"Nicholas Mouttotos","doi":"10.1007/s10991-022-09304-8","DOIUrl":"https://doi.org/10.1007/s10991-022-09304-8","url":null,"abstract":"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 imbalance test and good faith requirement) was interpreted in the common law notion of absence of dishonesty. Hence, Cypriot courts interpreted good faith as \"honesty in fact\". Under this interpretation, it seems that both procedural and substantive unfairness are not captured under the test. It is understood that whereas the statute codifying the contract law of Cyprus has incorporated the [civil law] will theory of contracts, no tools for the invalidation and scrutiny of terms that may be deemed unfair were provided. The statute placed considerable emphasis on procedural fairness, however, Cypriot courts seemed unwilling to adapt their approach and deal with the problems that standard form contracting poses, failing also to follow the developments in the UK. Thus, even after the adoption of EU consumer law directives, Cypriot courts show an unwillingness to scrutinize the parties' initial allocation of risk, even though such allocation was done in a standardized manner by one party. Despite the mixed character of the legal system, consumer law directives and the introduction of content control can be seen as legal irritants.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"43 2","pages":"311-338"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9282828/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40521514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Theory of Frustration and Its Effect. 挫折理论及其影响。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-06-22 DOI: 10.1007/s10991-022-09305-7

Sagi Peari, Zamir R Golestani

引用次数: 0

Industry-Led Standards, Relational Contracts and Good Faith: Are the UK and Australia Setting the Pace in (Construction) Contract Law? 行业主导标准、关系合同和诚信:英国和澳大利亚在(建筑)合同法方面是否处于领先地位?

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-07-20 DOI: 10.1007/s10991-022-09307-5

David Christie, Séverine Saintier, Jessica Viven-Wilksch

{"title":"Industry-Led Standards, Relational Contracts and Good Faith: Are the UK and Australia Setting the Pace in (Construction) Contract Law?","authors":"David Christie, Séverine Saintier, Jessica Viven-Wilksch","doi":"10.1007/s10991-022-09307-5","DOIUrl":"https://doi.org/10.1007/s10991-022-09307-5","url":null,"abstract":"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 policy terms. Over the last 30 years, industry-led initiatives have been working to improve collaboration. In the UK and Australia, new collaborative frameworks contain express provisions asking parties to act with mutual trust and cooperation among other collaborative schemes. Examination of the judicial approach and industry initiatives demonstrates that there is - underpinning both - a project-centric approach (even if that is yet to be fully recognised or articulated). It is the aim of this paper to further articulate this understanding by examining at the judicial and industry positions in the UK and Australia.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"43 2","pages":"287-310"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9299410/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40539661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Rohingya Boat Refugees at Bay of Bengal and Obligations of the South East Asian States Under Soft Law. 孟加拉湾的罗兴亚船难民与东南亚国家在软法下的义务。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2021-10-08 DOI: 10.1007/s10991-021-09286-z

Hassan Al Imran

引用次数: 2

Contract Law in Common Law Countries: A Study in Divergence. 英美法系国家的合同法:分歧研究。

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Liverpool Law Review Pub Date : 2022-01-01 Epub Date: 2022-07-14 DOI: 10.1007/s10991-022-09312-8

Manasi Kumar, Maren Heidemann

引用次数: 1

Assessing the Application of the Principles of Non-discrimination and Gender Equality in Relation to Devolution of Land upon Death in Nigeria 评估尼日利亚在死亡后移交土地方面不歧视和性别平等原则的适用情况

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Liverpool Law Review Pub Date : 2021-11-15 DOI: 10.1007/s10991-021-09290-3

Daniel Ugwo Eze, Edith Ogonnaya Nwosu, Okechukwu Timothy Umahi, Uchechukwu Nwoke

{"title":"Assessing the Application of the Principles of Non-discrimination and Gender Equality in Relation to Devolution of Land upon Death in Nigeria","authors":"Daniel Ugwo Eze, Edith Ogonnaya Nwosu, Okechukwu Timothy Umahi, Uchechukwu Nwoke","doi":"10.1007/s10991-021-09290-3","DOIUrl":"https://doi.org/10.1007/s10991-021-09290-3","url":null,"abstract":"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 instruments advancing the principles of non-discrimination and gender equality, notably the African Charter on Human and Peoples’ Rights 1986, and the Convention on the Elimination of All Forms of Discrimination against Women 1979. Moreover, the various courts of law in Nigeria have lately exhibited strong commitments towards ending discrimination and gender inequality in all its forms in the country. Nonetheless, gender-based restrictions on women’s land inheritance rights persists. This study attributes these challenges to the combined negative influences of weak law enforcement; die-hard socio-economic, cultural and religious norms; and poor knowledge regarding the right to freedom from discrimination on the part of many Nigerian women and girls. Inter alia, it recommends stricter law enforcement regime, as well as educating Nigerian women and girls, particularly those at the grassroots, on the right to freedom from discrimination as viable tools for overcoming the challenges.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"101 12","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138525155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0