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16 results

  • 9 - Trans-Atlantic Connections

  • Edited by Michael Lobban, London School of Economics and Political Science, Ian Williams, University College London
  • Book:
    Networks and Connections in Legal History
    Published online:
    10 August 2020
    Print publication:
    03 September 2020, pp 210-232

  • Summary

    That legal ideas emerge and expand through networks and connections is ably demonstrated in the life of J. P. Benjamin (1811-1884). Born to parents who migrated throughout the Atlantic world, Benjamin had a varied career as a lawyer, legislator, and plantation owner in Louisiana before becoming a United States senator, Supreme Court attorney, and Confederate States cabinet member. As a self-described ‘political exile’, he then became the acknowledged leader of the English Bar. This extraordinary career was possible because Benjamin’s personality facilitated the creation and development of networks which facilitated the spread of his legal knowledge. As a Louisianan and an American, he brought to the United Kingdom and its Empire a very different form of legal knowledge than then existed at the Bar. The networks of knowledge, people, and institutions he made had a lasting impact upon the development of law in the United Kingdom and the British Empire.

Challenges to Authority and the Recognition of Rights
  • From Magna Carta to Modernity
  • Edited by Catharine MacMillan, Charlotte Smith
  • Published online:
    04 August 2018
    Print publication:
    16 August 2018
  • While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.

  • ROGUES, SWINDLERS AND CHEATS: THE DEVELOPMENT OF MISTAKE OF IDENTITY IN ENGLISH CONTRACT LAW

  • Catharine MacMillan
  • Journal:
    The Cambridge Law Journal / Volume 64 / Issue 3 / November 2005
    Published online by Cambridge University Press:
    29 November 2005, pp. 711-744
    Print publication:
    November 2005

  • THERE are few more vexed areas of contract law than that of a mistake as to the identity of a contracting party. The case law is difficult to reconcile. Judges and jurists disagree as to the effect of a mistake of identity upon the formation of a contract. This disagreement extends beyond discordance as to the operative principles to the very existence of the doctrine. That the issues are of current concern can be seen in the recent decision in Shogun Finance v. Hudson. This article examines how and why such a situation arose through an examination of the historical development of the doctrine. The thesis of this article is that the meaning of the early cases is obscured when they are viewed solely from a contractual perspective. The participants in these cases were also concerned with issues of criminal law and tort law. As these concerns disappeared from the law the meaning of the early cases was obscured and the cases have ceased to make sense. The article concludes with two sets of observations: first, what can be concluded, as a matter of legal history, from the development of this doctrine; secondly, how the modern law of mistake as to identity should regard these early cases.

  • Evolution or Revolution? Unfair Terms in Consumer Contracts

  • Catharine MacMillan
  • Journal:
    The Cambridge Law Journal / Volume 61 / Issue 1 / 07 March 2002
    Published online by Cambridge University Press:
    19 April 2002, pp. 22-24
    Print publication:
    07 March 2002

  • Director General of Fair Trading v. First National Bank plc [2001] 1 UKHL 52, [2001] 3 W.L.R. 1297 marks the beginning of an evolution in the common law of contract. The House of Lords considered for the first time whether a contractual term was an unfair term under the Unfair Terms in Consumer Contracts Regulations 1994, S.I. 1994/3159 (which implemented Council Directive (EEC) 93/13, now implemented by the Unfair Terms in Consumer Contracts Regulations 1999, S.I. 1999/2083). The case arose when the Director General sought injunctive relief, pursuant to regulation 8(2), to restrain the use of a contractual term.