Law Commons^™

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known …

Sources Of Law And Pluri-Lingualism (In Greek), Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This study (which replaces an earlier article published at the law journal Χρονικά Ιδιωτικού Δικαίου - Chronicles of Private Law, vol. 12 (2012)) examines issues arising from the translation of authoritative legal texts (constituting sources of law in the legal system under consideration), with an emphasis on legislation.

The first part of the article examines instances where authoritative texts of the same legal instrument co-exist in two or several languages, notably in the case of international uniform law instruments, such as the Vienna Convention on the International Sale of Goods (CISG).

The second part addresses instances of an instrument being …

The Cisg In Israel, Dr. Yehuda Adar

Yehuda Adar Dr.

This article reviews the status of the CISG in the Israeli legal system. The survey reveals that the attitude of the Israeli courts toward international sales laws has in the past been rather ambivalent. The author argues that while some decisions of the Supreme Court have ignored the international context without a sufficiently clear reason, most of the cases where the convention was actually applied reflect a sympathetic approach toward the idea of a uniform international law of sales. Furthermore, on the last occasion in which the CISG was heavily relied upon by the Supreme Court, the Court’s analysis reflected …

Case Note On Supreme Court Of Cyprus (2008), Aresti V. Loel Ltd (2008) 1 Α.Α.Δ. 1305 [In Greek] Λυσίας (Lysias) 3 (2010): 47-50, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This case note discusses an appellate case dealing with offer/acceptance issues. Questions of translating common-law terms into Greek are discussed, with regard to Cyprus contract law.

Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar

Yehuda Adar Dr.

-This Article is in Hebrew- This paper presents an overview of some of the main developments in the general body of contract law in Israel during the 2009-2010 law-year and examines their possible impact on the rights of contracting parties. The author claims that these developments reflect a general pattern that characterized Israeli contract law in recent decades: On the one hand, a continuous, step-by-step progress is observed in numerous cases in which the Supreme Court introduced minor changes into existing rules or made an effort to clarify and improve the existing doctrine. Such developments are seen, for example, in …

The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard

Yehuda Adar Dr.

-This article is in Hebrew-

The Frontier Between Contractual And Tortious Liability In Europe: Insights From The Case Of Compensation For Pure Economic Loss, Mauro Bussani, Vernon V. Palmer

Mauro Bussani

Recoverability of pure economic losses stands at the cutting edge of many crucial questions, such as: To what extent should tort rules be compatible with the market orientation of the legal system? How far can tort liability expand without imposing excessive burdens upon individual activity? As a matter of policy should the recovery of pure economic loss be the domain principally of the law of contract? The paper pursues the goal of sketching possible answers to these questions as far as European jurisdictions are concerned. Thus, it first outlines the factual situations where a pure economic loss is likely to …

Contributory Negligence And Mitigation: Shall The Two Walk Together?, Dr. Yehuda Adar

Yehuda Adar Dr.

-This Article is in Hebrew-

This paper discusses and critically examines the close interrelations of two of the main defences to liability in damages for torts and breach of contract. After a careful analysis of the various similarities between the doctrines of contributory (or comparative) negligence and mitigation of damages, and the basic difference between the two, the article reaches the conclusion that there is no justification for the ongoing existence of the mitigation doctrine. It should be abolished, and the doctrine of comparative negligence should be adopted across the board in both tort law and contract law.

Country Report: Italy, Francesca Fiorentini Prof.

Francesca Fiorentini Prof.

No abstract provided.

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …