Loss Counterfactuals [0.03%]
损失反事实分析
Benjamin Teng
Benjamin Teng
Private law uses counterfactual reasoning to determine if loss-for which compensatory damages may be awarded-has been suffered because of a wrong: is the claimant in a worse position than it would have been in without the wrong? Counterfact...
Jo Braithwaite
Jo Braithwaite
The law's allocation of responsibility for disputed bank payments is important not only for banks and customers, but also, given the volume and value of payments, for the economy more broadly. This article examines loss allocation under com...
Justin Lim
Justin Lim
Singapore has frequently been idealised as a metropolitan financial hub that the UK should aspire to by adopting similar models of deregulation and executive control. This article brings attention to the role of planning laws in enabling or...
Victoria Evans,Jodi Gardner
Victoria Evans
This article highlights the potential for nuisance to provide another avenue to leaseholders of defective buildings who want to seek remediation. The Supreme Court's decision in Fearn v Tate Gallery expanded the scope of nuisance, focusing ...
Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998 [0.03%]
解释的义务：论英国《1998年人权法》第3条使用之实证视角
Lewis Graham
Lewis Graham
-Section 3 of the Human Rights Act provides courts with a distinctive, and controversial, power to (re)interpret legislative provisions, where 'possible', in a manner which is compatible with the rights under the European Convention on Huma...
Taking International Law Seriously? Interpretation of the 1998 Belfast/Good Friday Agreement in the Context of Article 2(1) of the Windsor Framework [0.03%]
认真对待国际法？从《温莎框架》第2（1）条视角解读1998年《贝尔法斯特/好星期五协定》之争议条款的法律性质与地位问题
Katie A Johnston
Katie A Johnston
This article analyses the approach of the Northern Ireland courts to interpretation of the 1998 Belfast/Good Friday Agreement in the context of the 'no diminution of rights' obligation in article 2(1) of the Windsor Framework. It advances a...
Election Defined [0.03%]
选举的定义
Matthew Frey
Matthew Frey
In contract law, an 'election' conventionally refers to certain finally binding choices exercised outside of court-including to rescind or affirm and to terminate or affirm a contract. This article proposes a new analysis of 'election', as ...
Examining Mitigation in the Law of Damages and the Limits of the Compensatory Principle [0.03%]
论损害赔偿法中的预防措施以及补偿原则的局限性
David Winterton
David Winterton
In Causation in the Law, Hart and Honoré famously argued that the attribution of responsibility for outcomes within the law is broadly consistent with the ordinary person's non-legal judgments about responsibility, whilst simultaneously dr...
Heikki Marjosola
Heikki Marjosola
This article assesses the legitimising strategies of 'shareholderism' and 'stakeholderism' through the dual lenses of input and output legitimacy widely used in political theory. Here, output legitimacy evaluates corporate decision making b...
Punishing to Send a Message † [0.03%]
惩罚性监禁
Angelo Ryu,Trenton Sewell
Angelo Ryu
In Punishment for the Greater Good, Adam Kolber defends consequentialism as a better justification for punishment than retributivism. Here, we reject the dichotomy and seek to motivate expressivism as a genuine alternative. According to exp...