David Zimmerman

David is the main contributor and editor-in-chief for our knowledge and news items section. He has over a decade experience in the legal sector, including as a practicing lawyer for a large law firm as well as in a higher education teaching capacity. He specializes in all things business and corporate law, with a particular focus on developments in corporate governance and M&A. He is an expat, likes to travel, and enjoys spending time with his two small daughters.

maps, country, america

Court Jurisdiction Types Explained (US)

An important foundational issue in the law is the question of jurisdiction Jurisdiction is about a court’s power to hear a case. Questions and doctrines related to jurisdiction are especially developed in the United States where there are a host of rules in this respect. This will therefore be the focus of this lesson. Subject …

Court Jurisdiction Types Explained (US) Read More »

padlock, lock, chain

Classification of Law: Public vs Private Law, Criminal vs Civil Law

We discuss elsewhere the nature and characteristics of law, as well as the sources of law, we are now ready to familiarize ourselves with different branches within the law. Public Law and Private Law On a very fundamental level, law can be divided into public law and private law. Public law is concerned with matters …

Classification of Law: Public vs Private Law, Criminal vs Civil Law Read More »

court, judge, line art

Sources of Law: Positive Laws, Common Law, and Statutory Interpretation

There are two basic sources of law: Positive law and common law. We will look at both in turn, starting with positive law or positive laws. Positive Laws Historically, the term ‘positive law’ was meant to distinguish human-made laws – positive laws – from “natural laws”. One of the scholars that argued in favour of …

Sources of Law: Positive Laws, Common Law, and Statutory Interpretation Read More »

Unconscionability and fairness in contract law

Unconscionable Terms and Fairness in Contracts

Unconscionable terms in contracts – or the concept of unconscionability – addresses the issue of fairness in contractual relationships. It relates to the formation of contracts, or specific terms thereof, that are deemed unconscionable or unfair. The starting point is that ordinarily the courts will not inquire about the fairness of a contract, and will …

Unconscionable Terms and Fairness in Contracts Read More »