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Dr Jonathan Morgan's picture

Email

jem44@cam.ac.uk

College Contact Details

Room: O4, Old Court

Tel: 38067

M.A. (Oxon.) Ph.D. (Cantab.)
University Senior Lecturer

Interests

Contract, tort, private law theory, constitutional law (especially human rights), law & economics, (modern) legal history.

CV / Biography

Fellow, Tutor, and Director of Studies in Law, Corpus Christi College

Book reviews editor, Law Quarterly Review

Jonathan Morgan read Jurisprudence at Oxford, later moving to Corpus Christi College, Cambridge, to write his PhD thesis "In defence of freedom of contract".  He was previously a lecturer in English Law at Warsaw University and maintains links with legal education in Central and Eastern Europe as a director of the charity Juris Angliae Scientia Ltd.  He held tutorial fellowships at Christ's College, Cambridge and St Catherine's College, Oxford before returning to Corpus as a Fellow in 2012. 

His article "Tort, Insurance and Incoherence" won the Wedderburn Prize in 2004 (awarded to "a contribution to that year’s volume which is exemplary of the type of scholarship that The Modern Law Review aims to promote").  His book Contract Law Minimalism: A Formalist Restatement of Commercial Contract Law (CUP 2013) was shortlisted for the 2014 Peter Birks Prize (Society of Legal Scholars).

Away from Law, in the garden, Jonathan Morgan tries and fails to follow Voltaire's advice.  Its unruliness is a standing metaphysical reproach.  

Publications

 

Books

"Hepple and Matthews' Tort Law: Cases and Materials" (Hart) 7th Edition

Co-Author/s:
David Howarth, Martin Matthews, Janet O'Sullivan, Stelios Tofaris, Bob Hepple
Published:
Oct 2015
Publisher:
Hart
ISBN 13:
9781849465557

"Great Debates in Contract Law" (Palgrave) 2nd Edition

Published:
Apr 2015
Publisher:
Palgrave
ISBN 13:
978-1137481597

"Contract Law Minimalism: A Formalist Restatement of Commercial Contract Law" (Cambridge University Press)

Published:
Nov 2013
Publisher:
Cambridge University Press
ISBN 13:
9781107021075

"Great Debates in Contract Law" (Palgrave Macmillan)

Published:
May 2012
Publisher:
Palgrave Macmillan
ISBN 13:
9780230292901

"Hepple and Matthews' Tort: Cases and Materials" (Oxford University Press) 6th Edition (Ed)

Co-Author/s:
Martin Matthews and Colm O'Cinneide
Published:
Oct 2008
Publisher:
Oxford University Press
ISBN:
978-0-19-920384-0

Articles

"Common mistake in contract: Rare success and common misapprehensions" [2018] CLJ 559-569

Citation:
[2018] CLJ 559-569
Published:
Nov 2018

"Abolishing personal injuries law? A response to Lord Sumption" (2018) 34 Prof Neg 122-142

Citation:
(2018) 34 Prof Neg 122-142
Published:
Sep 2018

"Contracting for self-denial: on enforcing "no oral modification" clauses " [2017] CLJ 589-615

Citation:
[2017] CLJ 589-615
Published:
Nov 2017

"Law, Politics and the Independence of the Judiciary in the United Kingdom: Reflections on the “Brexit litigation”" (2016) 25 Commonwealth Lawyer 7-12

Citation:
(2016) 25 Commonwealth Lawyer 7-12
Published:
Feb 2017

"A Brexit general election?" (2016) UK Constitutional Law Blog

Citation:
(2016) UK Constitutional Law Blog
Published:
Jul 2016

"On the intractability of the human rights debate" (2016) Judicial Power Project

Citation:
(2016) Judicial Power Project
Published:
Apr 2016

"Vicarious liability for independent contractors?" (2015) 31 Prof Neg 235-258

Citation:
(2015) 31 Prof Neg 235-258
Published:
Dec 2015

"Smuggling mitigation into White & Carter v McGregor: Time to come clean?" [2015] LMCLQ 575-594

Citation:
[2015] LMCLQ 575-594
Published:
Nov 2015

"Liability for Independent Contractors in Contract and Tort: Duties to Ensure that Care is Taken" [2015] CLJ 109–139

Citation:
[2015] CLJ 109–139
Published:
Mar 2015

"Strict Liability for Police Nonfeasance? The Kinghan Report on the Riot (Damages) Act 1886" (2014) 77 MLR 434-459

Citation:
(2014) 77 MLR 434-459
Published:
May 2014

"A mare's nest? The Jockey Club and judicial review of sports governing bodies" (2012) 12 Legal Information Management 102

Citation:
(2012) 12 Legal Information Management 102
Published:
Mar 2012

"Policy reasoning in tort law: The courts, the Law Commission and the critics" (2009) 125 LQR 215

Citation:
(2009) 125 LQR 215
Published:
Apr 2009

"Against judicial review of discretionary contractual powers" [2008] LMCLQ 230

Citation:
[2008] LMCLQ 230
Published:
May 2008

"The rise and fall of the general duty of care" (2006) 22 Prof Neg 206

Citation:
(2006) 22 Prof Neg 206
Published:
Dec 2006

"Tort, insurance and incoherence" (2004) 67 MLR 384

Citation:
(2004) 67 MLR 384
Published:
Mar 2004

"Privacy, confidence and horizontal effect" [2003] CLJ 444

Citation:
[2003] CLJ 444
Published:
Jan 2003

"Law's British Empire" (2002) 22 OJLS 729

Citation:
(2002) 22 OJLS 729
Published:
Oct 2002

"Questioning the True Effect of the Human Rights Act" [2002] Legal Studies 259

Citation:
[2002] Legal Studies 259
Published:
Jun 2002

"Nuisance and the unruly tenant" [2001] CLJ 382

Citation:
[2001] CLJ 382
Published:
Jul 2001

Book Chapters

"On the Nature and Function of Remedies for Breach of Contract" in , Commercial Remedies: Resolving Controversies (Cambridge University Press), pp. 23-45

Publisher:
Cambridge University Press
Pages:
23-45
Published Date:
Sep 2017
ISBN 13:
9781107171329

"Torts and Technology" in (Ed), The Oxford Handbook of Law, Regulation, and Technology (OUP)

Publisher:
OUP
Published Date:
Jul 2017
ISBN 13:
9780199680832

"In defence of Baird Textiles: A sceptical view of relational contract law" in David Campbell, Linda Mulcahy and Sally Wheeler, Changing Concepts of Contract: Essays in Honour of Ian Macneil (Palgrave Macmillan) (Ed), pp. 166-192

Publisher:
Palgrave Macmillan
Pages:
166-192
Published Date:
Nov 2013
ISBN 13:
978-1-137-26926-3
Co-Author/s:
David Campbell, Linda Mulcahy and Sally Wheeler

"The right of withdrawal" in Gerhard Dannemann and Stefan Vogenauer, The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press) (Ed)

Publisher:
Oxford University Press
Published Date:
Mar 2013
ISBN 13:
978-0-19-967890-7
Co-Author/s:
Gerhard Dannemann and Stefan Vogenauer

"Reflections on reforming punitive damages in English law" in Lotte Meurkens and Emily Nordin, The Power of Punitive Damages: Is Europe Missing Out? (Intersentia) (Ed)

Publisher:
Intersentia
Published Date:
Mar 2012
ISBN 13:
9781780680477
Co-Author/s:
Lotte Meurkens and Emily Nordin

"Causation, politics and law: The English--and Scottish--asbestos saga" in Richard Goldberg, Perspectives on Causation (Hart Publishing) (Ed)

Publisher:
Hart Publishing
Published Date:
Jun 2011
ISBN 13:
9781849460866
Co-Author/s:
Richard Goldberg

"Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties" in Tom Campbell, KD Ewing and Adam Tomkins, The Legal Protection of Human Rights: Sceptical Essays (Oxford University Press) (Ed)

Publisher:
Oxford University Press
Published Date:
Jan 2011
ISBN 13:
9780199606078
Co-Author/s:
Tom Campbell, KD Ewing and Adam Tomkins

"Technological change and the development of liability for fault in England and Wales" in Miquel Martin-Casals, The Development of Liability in Relation to Technological Change (Cambridge University Press) (Ed)

Publisher:
Cambridge University Press
Published Date:
Jan 2010
ISBN 13:
9780521116794
Co-Author/s:
Miquel Martin-Casals

"Central Government in English Common Law; Constitutional Law in English Common Law; Parliament" in Stanley N Katz, Oxford International Encyclopedia of Legal History (Oxford University Press) (Ed)

Publisher:
Oxford University Press
Published Date:
Mar 2009
ISBN 13:
9780195134056
Co-Author/s:
Stanley N Katz

"Liability insurance" in Peter Cane and Joanne Conaghan, New Oxford Companion to Law (Oxford University Press) (Ed)

Publisher:
Oxford University Press
Published Date:
Sep 2008
ISBN 13:
9780199290543
Co-Author/s:
Peter Cane and Joanne Conaghan

Book Reviews

Review of The Dignity of Commerce; Markets and the Moral Foundations of Contract Law by Nathan B Oman (2018) 134 LQR 677-680

Published:
Oct 2018

Review of Lord Sumption and the Limits of Law, edited by NW Barber, Richard Ekins and Paul Yowell (2018) 134 LQR 160-164

Published:
Dec 2017

Review of Entick v Carrington: 250 Years of the Rule of Law, edited by Adam Tomkins and Paul Scott (2017) 133 LQR 529-533

Published:
Jul 2017

Review of A History of Tort Law 1900-1950 by Paul Mitchell (2016) 132 LQR 688

Published:
Oct 2016

Review of Leading Cases in Song by Stephen Todd (2015) 131 LQR 166

Published:
Jan 2015

Review of Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change edited by TT Arvind and Jenny Steele (2013) 129 LQR 640

Published:
Oct 2013

Review of Mistake and Non-Disclosure of Fact by Hugh Beale (2013) 129 LQR 458

Published:
Jul 2013

Review of Networks as Connected Contracts by Gunther Teubner (translated by Michelle Everson), edited with an introduction by Hugh Collins (2012) 128 LQR 472

Published:
Apr 2012

Review of Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law by KD Ewing (2011) 127 LQR 316

Published:
Apr 2011

Review of Emerging Issues in Tort Law edited by Jason Neyers et al (2009) 125 LQR 181

Published:
Jan 2009

Review of The Making of the Modern Law of Defamation by Paul Mitchell (2006) 122 LQR 691

Published:
Oct 2006

Review of A History of Water Rights at Common Law by Joshua Getzler (2005) 26 Journal of Legal History 216

Published:
Jul 2005

Review of Public Law in a Multi-Layered Constitution edited by Nicholas Bamforth and Peter Leyland [2004] CLJ 244

Published:
Mar 2004

Review of Private Property and Abuse of Rights in Victorian England by Michael Taggart (2003) 119 LQR 531

Published:
Oct 2003

Case Notes

The outer limits of 'personal injury' (Dryden v Johnson Matthey plc [2018] UKSC 18) [2018] CLJ 461-464

Parallel lines that never meet: Tort and the ECHR again (DSD v Metropolitan Police Commissioner [2018] UKSC 11) [2018] CLJ 244-248

Repudiatory breach: Inability, election and discharge (MSC v Cottonex [2016] EWCA Civ 789) [2017] CLJ 11

The Penalty Clause Doctrine: Unloveable but Untouchable (Beavis v ParkingEye; Cavendish Square v El Makdessi) [2016] CLJ 11-14

Published:
Mar 2016

Resisting judicial review of discretionary contractual powers (Braganza v BP Shipping Ltd) [2015] LMCLQ 483

Published:
Nov 2015

Reinterpreting the reinterpretation of the reinterpretation of Fairchild (IEG v Zurich Insurance) [2015] CLJ 395

Published:
Nov 2015

Tumultuous controversy: Police liability for rioting (Mitsui Sumitomo Insurance v Mayor's Office for Policing and Crime (CA)) [2015] CLJ 398

Published:
Nov 2015

Mitigation and the date for assessment of damages in sales of land (Hooper v. Oates [2013] EWCA Civ 91) (2013) 29 Jo Prof Neg 125

Published:
Jun 2013

Negligence: Into Battle (Smith v. MoD [2012] EWCA 1365) [2013] CLJ 14-17

Published:
Mar 2013

Manslaughter as a "vicissitude of life" (Gray v. Thames Trains) [2009] CLJ 503

Published:
Nov 2009

Causation and the compulsive gambler (note of Calvert v. William Hill) [2009] CLJ 268

Published:
Jul 2009

Note of The Golden Victory, House of Lords [2007] CLJ 263

Published:
Jul 2007

Note of Re Pleural Plaques Litigation, Court of Appeal [2006] CLJ 269

Published:
Jul 2006

Note of Douglas v. Hello! (No. 2), Court of Appeal [2005] CLJ 549

Published:
Nov 2005

Note of Jackson v. Royal Bank of Scotland, House of Lords [2005] CLJ 285

Published:
Jul 2005

Note of Gregg v. Scott, House of Lords [2005] LMCLQ 281

Published:
May 2005

Slowing the expansion of public authorities' liability (note of Gorringe v. Calderdale MBC) (2005) 121 LQR 43

Published:
Jan 2005

Privacy in the House of Lords, again (note of Campbell v. MGN) (2004) 120 LQR 563

Published:
Oct 2004

Privacy torts: out with the old, out with the new (note of Wainwright v. Home Office, House of Lords) (2004) 120 LQR 393

Published:
Jul 2004

Lost causes in the House of Lords (note of Fairchild v. Glenhaven Funeral Services) (2003) 66 MLR 277

Published:
May 2003

Jus suum cuique (note of Vellino v. Chief Constable of Manchester, Court of Appeal) (2002) 118 LQR 527

Published:
Oct 2002

Nuisance, property and human rights (note of Marcic v. Thames Water Utilities, QBD) (2002) 118 LQR 27

Published:
Jan 2002

Reports

Derogation from the ECHR in armed conflict: Submission to the Joint Committee on Human Rights

Co-Author/s:
Richard Ekins, Guglielmo Verdirame
Published:
Apr 2017

Clearing the Fog of Law: Saving our armed forces from defeat by judicial diktat

Co-Author/s:
Richard Ekins and Tom Tugendhat
Published:
Mar 2015
Body / Institution:
Policy Exchange

Military Negligence: Reforming Tort Liability after Smith v. Ministry of Defence

Published:
Apr 2014
Reference Number:
HC 931
Body / Institution:
Evidence to House of Commons Defence Committe, 12th Report for Session 2013-4, UK Armed Forces Personnel and the Legal Framework for Future Operations

"Military Casualties: Alternatives to Tort Compensation" (Evidence to House of Commons Defence Committee inquiry, Jan 2014)

Published:
Jan 2014