CONTRACTS & COMMERCIAL LAW eJOURNAL

"An Analysis of Home Warranty Contracts" Free Download
Albany Law Review, Forthcoming

CHAD G. MARZEN, Florida State University
Email:

An unexplored area of the literature concerning home warranty contracts is an analysis of the types of contractual provisions that are actually found in home warranty contracts. This Article comprehensively examines the contractual provisions of the standard contracts of seventeen different home warranty companies to compare and contrast contractual provisions.

"Charge-Backs in Hong Kong: Conceptual, Legal, and Policy Issues" Free Download

JASON FU, University of Oxford, Faculty of Law, Slaughter and May
Email:

This paper considers the conceptual, legal and policy issues relating to charge-backs over cash deposit. Issues considered include the conceptual impossibility doctrine, the triple cocktail, comparison of charge-backs and mortgage-backs, and registration issues under the Hong Kong Companies Ordinance (Cap 622).

"Facebook's Forum Selection Clause Not 'Liked' by Supreme Court of Canada" Free Download
Journal of Intellectual Property Law & Practice, Forthcoming

EMIR CROWNE, University of the West Indies (Mona)
Email:

In Douez v. Facebook, Inc., 2017 SCC 33, a majority of the Supreme Court of Canada held Facebook’s forum selection clause, which required that all disputes be litigated in Santa Clara County (California), unenforceable.

"An Empirical Study: How to Introduce Effective Review Mechanisms into Statutory Adjudication?" 
Construction Law Journal, Forthcoming

SAMER SKAIK, CQUniversity
Email:

In recent years, courts have been more willing to intervene in adjudication process due to poor quality of adjudication outcome. This situation has encouraged aggrieved parties to challenge adjudication determinations by way of judicial review resulting in numerous judicial review applications. This has eroded the original object of the security of payment legislation. The aim of this paper is to review experts’ views about the need of introducing review mechanism, essential features and potential barriers. The paper adopts “expert interviews? as a method to collect empirical data where 23 experts, involved in adjudication, were interviewed from Australia and Singapore. The paper concludes with a set of proposed guidelines for introducing effective review mechanisms into statutory adjudication. The guidelines are devised to counter potential barriers addressed in the empirical study and they can be adopted in any jurisdiction operating the SOP legislation.

"Effectiveness of Existing Adjudication Review Mechanisms: Views of Industry Experts" 
Construction Law journal, Forthcoming

SAMER SKAIK, CQUniversity
Email:

Some jurisdictions allow for an express limited right of aggrieved parties to apply for adjudication review as a way to remedy injustice caused by the speedy adjudication process. The aim of this paper is to examine the effectiveness of the existing review mechanisms and identify whether the notion of review mechanisms is a good idea. The paper adopts a combination of doctrinal legal research (black-letter law) and socio-legal research (empirical research) The empirical research involves interviews with 23 industry experts practicing in different jurisdictions in the area of statutory adjudication. The paper analyses the views of experts regarding the operation of review mechanisms in their jurisdictions and investigates the factors influencing their effectiveness. The paper concludes that if an effective review mechanism is devised to counter the barriers of cost and time, the arguments in support of the need of review mechanism would outweigh opposing arguments.

^top

About this eJournal

This eJournal distributes working and accepted paper abstracts dealing with contracts and commercial law. This includes papers and articles dealing with all aspects of contract law and all articles of the UCC, including commercial paper and secured transactions.

Editor: George G. Triantis, Stanford Law School

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Contracts & Commercial Law eJournal

IAN AYRES
William K. Townsend Professor of Law, Yale University - Yale Law School, Yale University - Yale School of Management

RANDY E. BARNETT
Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center

LISA E. BERNSTEIN
Wilson-Dickinson Professor of Law, University of Chicago - Law School

CLAYTON P. GILLETTE
Max E. Greenberg Professor of Contract Law, New York University School of Law

ROBERT A. HILLMAN
Edwin H. Woodruff Professor of Law, Cornell Law School

AVERY W. KATZ
Milton Handler Professor of Law, Columbia University - Law School

RANDAL C. PICKER
Leffmann Professor of Commercial Law; Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory, University of Chicago - Law School

ALAN SCHWARTZ
Sterling Professor of Law, Yale Law School

MICHAEL J. TREBILCOCK
Professor and Chair in Law and Economics, University of Toronto - Faculty of Law

ELIZABETH WARREN
Leo E. Gottlieb Professor of Law, Harvard Law School