Author Archives: admin

Uncertainty in Commercial Contracts

Whilst it is understandable that parties may wish to conclude a contract leaving certain issues to be agreed at a later date, this might introduce the risk that the contract becomes void from uncertainty.  This important issue was considered by … Continue reading

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Of trusts and patrimonies

Patrimony and trust are paradoxical private law concepts. Fundamental in civil law and, respectively, common law traditions, they are shrouded in a dense fog of controversy. Combine them, and you get the perfect comparative private law symposium. The experiment, "a … Continue reading

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Socially responsible investment at the University of Edinburgh

The University's approach to socially responsible investment was the object of a debate organized on the 3rd of April by EUSA and People & Planet. The discussion focused on the legality and feasibility of disinvesting from companies that are involved in … Continue reading

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Business Valuation and the Delaware Court of Chancery

Last month we had the pleasure to welcome Moin Yahya as visiting scholar at our law school. Moin is Associate Professor at the University of Alberta Faculty of Law and former Commissioner at the Alberta Utilities Commission. With this occasion, … Continue reading

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2nd Edinburgh International Willem C Vis Arbitration Pre-Moot

Over the weekend of 23-24 February 2013 Edinburgh Law School welcomed five guest teams from across the world to a Pre-Moot event in preparation for the prestigious Willem C. Vis International Commercial Arbitration Moot, which will take place in Vienna … Continue reading

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Group companies and agency: The Harbro Group v MHA Auchlochan

The Harbro Group Limited v MHA Auchlochan [2013] CSOH 8, decided earlier this month, provides evidence (if any were needed) of the challenges which the group company structure poses in litigation.  I am grateful to my colleague Dr Dan Carr … Continue reading

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The commercial agent’s duty of good faith: short-changed by the Court of Appeal?

A commercial agent falling within the Commercial Agents (Council Directive) Regulations 1993 owes both a fiduciary duty towards his principal at common law and a duty to act in good faith towards that principal under reg 3(1).  There has been little … Continue reading

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Illegality in performance of a contract: one of the least satisfactory areas of contract law?

If a contracting party performs an illegal act in the course of performance of a contract, what impact does that conduct have on the availability of remedies for breach of contract?  Can the “innocent” party use that illegality as a … Continue reading

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Edinburgh Centre for Commercial Law: EU Procurement Law Conference 28 September 2012

The Edinburgh Centre for Commercial Law was delighted to host a conference on EU Procurement Law in conjunction with the commercial law firm, Burness LLP for the third year in a row. The Edinburgh Centre for Commercial Law and Burness … Continue reading

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Inner House rejects attempt to extend the solicitor’s warranty of authority

Solicitors can today breathe a sigh of relief with the release of the Inner House decision in the joined cases of Cheshire Mortgage Corporation Limited v Grandison and Blemain Finance Limited v Balfour Manson LLP ([2012] CSIH 66.  The Inner House, … Continue reading

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