Contract

Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent

Harry Lambert & Dr Michelle Sharpe set out how neurotech presents new ways to evidence contractual consent, & new ways to erode it

Athelstane Aamodt asks: when is a signature not a signature?

Bernadette Bulacan on why the rise of AI agents is a welcome invitation to innovate

In recent years, the court have ‘displayed more willingness’ to recognise the concept of a duty of good faith in contractual disputes, Abdulali Jiwaji, partner at Signature Litigation, writes in this week’s NLJ. The Supreme Court’s ruling in Braganza has also influenced contractual interpretation, requiring discretionary decisions under contracts to be rational, honest and not arbitrary

Abdulali Jiwaji considers the courts’ application of the Braganza duty in relation to discretionary decisions

Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties

"This work more than fulfils its stated objective of seeking to be of use both to practitioners and academics alike"

Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses

Mark Pawlowski on when a promise becomes a declaration of trust