Private-law-theoryfeedatom

ABSTRACT
This Article examines the legal ‘architecture’ of insurance. Insurance policies embody the architecture of insurance. They are its blueprints. Consequently, the Article begins with the history of insurance in the United States, which leads to the single most important feature of insurance architecture: the standardization of coverage, especiall...

ABSTRACT
This paper develops an economic analysis of the application of the law of restitution to the case of void contracts, when agreements may be unenforceable due to legal invalidity. It develops a simple model in which contracting parties’ agreements potentially impose external harms. The analysis focuses on how alternative restitution regimes affe...

ABSTRACT
In this article I consider whether a generative AI (‘GenAI’) model could be an infringing imported article under the secondary infringement provisions of the Australian Copyright Act 1968 (Cth) (‘Copyright Act’). Australian copyright owners have joined the global challenge to the widespread scraping of copyright works in the d...

ABSTRACT
Clinical artificial intelligence has moved from pilot deployment to routine use in radiology, pathology, triage, and diagnostic support, yet malpractice doctrine still asks a single question designed for a single actor: did the treating physician breach the standard of care of a reasonably prudent practitioner? This article argues that the pers...

ABSTRACT
Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers. However, proponents insist on the value of consent as a tool of empowerment. This Article challenges the foundational assumptions of this debate: that consent is cond...