Abstract

Creativity is what stimulates common lawyers to create new instruments and mechanisms, which are in turn tested in the courts to drive the development of the common law. In this seminar, Professor Loke will look at how creativity – grounded in a solid understanding of the law and a good feel for commercial and social needs – has been behind the creation of some of the legal creations we observe today, for example, the floating charge, the institution of the receiver, innovation in structuring collateral arrangements, and the banker’s duty toward a guarantor. The seminar goes toward explaining what keeps common lawyers interested and even passionate about the work they do.

Speaker Bio

Alexander LOKE JSD, LLM (Columbia), LLB (Hons)(NUS) is Professor at CityU School of Law and Director of the Hong Kong Commercial and Maritime Law Centre. Professor Loke was the founding chief editor of the Asian Journal of Comparative Law and was also one of the founders of the NUS Centre for Banking & Finance Law (2014). Professor Loke publishes widely in contract law, corporate and securities law, and international finance. He was a co-editor for volumes 1 and 2 in the series Studies in the Contract Laws of Asia (Oxford University Press). Representative publications include: “The Surprising Liberality of Securities Crowdfunding Regulation in Hong Kong” [2020] SJLS 242. “Excusable Consent in Duress” (2017) 37 Legal Studies 418 and “From the Fiduciary Theory to Information Abuse: The Changing Fabric of Insider Trading Law in the U.K., Australia and Singapore” 54 Am J Comp L 123 (2006).