Private-law-theoryfeedatom

ABSTRACT
Judicial review of consumer contracts under common-law contract doctrine rarely results in invalidation of unfair terms, because the doctrine developed to police bespoke agreements, not mass transactions. This Article argues that to effectively protect consumers, standard terms should be reviewed at the production stage, rather than ex post in ...

William Eves, ‘Damp and Disorderly? Approaching ‘Part One’ of the Très Ancien Coutumier of Normandy from a Comparative Perspective, in Law as Literature, Literature as Law c 1200-1700′ (Clare Egan and Sarah B White eds, 2026). What does a twelfth-century treatise on the laws of Normandy have to teach us about how we approach legal texts? Quite a lot, actually....

ABSTRACT
I consider a model in which firms engage in Cournot competition in producing potentially harmful products. In addition to choosing output, they also choose safety precautions, which affect each product’s likelihood of harm to third parties. Under (individual) strict liability (SL), a firm whose product causes harm is found liable only if causat...

ABSTRACT
Digital services are increasingly supplied in exchange for personal data rather than money. This Article examines the functional role of personal data, using European Union law as its principal doctrinal reference and Vietnam as an illustrative case study. Rather than treating personal data as property, it argues that private law should focus o...

ABSTRACT
This paper addresses a question that has been overlooked by the growing body of literature on private law formalism: how are formalist private law categories constructed? I read Ernest Weinrib’s treatment of unjust enrichment in chapter 6 of his Corrective Justice not as a substantive theory of that doctrine but rather as an instance i...