Tag Archives: law and economics

Speak of the devil: the High Court rules on penalties

Only the other day, Sinclair Davidson and I were debating the nature of bank fees and whether they were penalties. In that post, I noted the case of Andrews v Australian and New Zealand Banking Group [2011] FCA 1376 where customers of the ANZ were suing it in relation to a variety of fees the […]

Academic theory and practice

The other day, Lorenzo alerted me to this post on the Volokh Conspiracy on why academic lawyers failed to foresee that the US Supreme Court would be very negative towards Obama’s healthcare legislation. In the post, Adler argues that it is surprising that anyone expected academic lawyers to have any insight whatsoever into the views […]

‘Get off my lawn’

Having put an A in the bank for my Roman law essay, and being so lazy (and weighed down with preparing for Faculty of Advocates exams) that I don’t have another blog post to hand, I thought I’d share the essay with our regulars. As people who’ve been reading my stuff since I used to […]

Contract damages – the rhetoric-reality gap

In my chosen area of study, much ink is spilled on the topic of whether contract damages merely compensate for loss, or whether there are other exceptional measures of damages which may be employed (gain-based damages of various types, punitive damages etc). Still, there are some things we agree on. If you look in a […]

The limits of law

[Update: now cross posted at Online Opinion – 22/1/10] One of the things that I’m thinking about in my PhD is the limits of law. What can law change? And more importantly, what can’t it change? Who enforces the law? Can we change the way in which people behave by regulating them more? Via CoreEconomics, […]

Nemo dat v bona fide

Sometimes, both sides of an argument are right. Not just partly right, or right on odd numbered days, or right only under certain circumstances. They’re both right for all time, and — ceteris paribus — under all circumstances.  Some of the thorniest problems in public policy are of this type, and when they come into […]

Efficient breach canned by HCA

What happens when you sign a contract? How binding is it? Can you force the other side to perform their side of the bargain? Non-lawyers might be surprised to learn that from the perspective of contractual remedies, the principal remedy is damages, with specific performance of the contractual obligation said to be a secondary remedy […]