Dr Mark Giancaspro

Dr Mark Giancaspro
 Position Lecturer
 Org Unit Adelaide Law School
 Email mark.giancaspro@adelaide.edu.au
 Telephone +61 8 8313 0879
 Location Floor/Room 3 04 ,  Ligertwood Building ,   North Terrace
  • Biography/ Background

    Dr Mark Giancaspro is a Lecturer at the University of Adelaide Law School. He holds an honours degree in Laws and Legal Practice from Flinders University and a PhD from the University of Adelaide. His legal employment background and research interests are both primarily commercial, with issues in contract law and its various applications being his principal theme. Mark teaches in contract law, business law, sports law and tort law and has published widely on matters including issues with the formation and renegotiation of contracts, the doctrine of consideration, and contractual issues in sport. He is on the editorial committee for the Alternative Law Journal and is a member (Commercial Law) of the Adelaide University Research Unit on Military Law & Ethics (RUMLAE).

  • Qualifications

    Bachelor of Laws and Legal Practice (Honours) (Flinders University)

    Doctor of Philosophy (Law) (University of Adelaide)

  • Research Interests

    Research interests (including areas of expertise for media contact)

    Categories Law, Contract, Consumer Law, Business, Tort, Sport

    contract law (formation, renegotiation, employment/labour, theory); business law (contract, negligence, consumer law); sports law (player contracts/marketing, commercialisation, sporting tribunals and courts); tort law (negligence, misuse of technology, defamation);

  • Publications


    Mark Giancaspro, ‘Facing the Unseen Truth: The Legal Implications of Using Social Networking Site “Facebook”’ (2009) 31(4) Law Society Bulletin 26.

    Mark Giancaspro, ‘Practical Benefit: An English Anomaly or a Growing Force in Contract Law?’ (2013) 30(1) Journal of Contract Law 12.

    Mark Giancaspro, ‘The Rules for Contractual Renegotiation: A Call for Change’ (2014) 37(2) University of Western Australia Law Review 1.

    Mark Giancaspro, ‘Reproductive Tissue and Contract’ (2014) 11(2) Journal of Bioethical Inquiry 131.

    Mark Giancaspro, ‘Should Practical Benefit Extend to Contract Formation?’ (2014) 42 Australian Business Law Review 389.

    Mark Giancaspro, ‘Late Night Lockout Laws: Evaluating Responses to Alcohol-Fuelled Violence’ (2015) 40(2) Alternative Law Journal 118.

    Colette Langos and Mark Giancaspro, 'Does Cloud Computing Lend Itself to Cyberbullying?' (2015) 2(5) IEEE Cloud Computing 60.

    Mark Giancaspro, ‘Do Workplace Policies Form Part of Employment Contracts? A Working Guide and Advice for Employers’ (2016) 44(2) Australian Business Law Review 106.

    Mark Giancaspro, 'Do Lockout Laws Curb Alcohol-Related Violence?' (2016) 38(3) Law Society Bulletin 24.

    Mark Giancaspro, 'Buy-Out Clauses in Professional Football Player Contracts: Questions of Legality and Integrity' (2016) 16 International Sports Law Journal 22.

    Maeghan Toews, Mark Giancaspro, Bernadette Richards and Paolo Ferrari, 'Kidney Paired Donation and the "Valuable Consideration" Problem: The Experiences of Australia, Canada and the United States' (2017) 101(9) Transplantation 1996

    Mark Giancaspro, ‘“I Now Pronounce You…In a State of Uncertainty”: Contemporary Treatment of the Wives’ Special Equity and a Plan for the Future’ (2017) 11 Journal of Equity 80

    Mark Giancaspro, 'Are "Smart Contracts" Really a Smart Idea? Insights from a Legal Perspective' (2017) 33 Computer Law & Security Review 825

    Colette Langos and Mark Giancaspro, ‘Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying’ (2017) 45 Australian Business Law Review 448



    Mark Giancaspro and Colette Langos, Understanding Contract Law: A Practical Guide (LexisNexis, 2016).

    Mark Giancaspro with Dilan Thampapillai et al, Australian Commercial Law (Cambridge University Press, 2nd ed, 2019)* *Forthcoming title

  • Professional Associations

    South Australian Editorial Committee for the Alternative Law Journal

    Health and Wellbeing Officer, Adelaide Law School

  • Community Engagement



    The Advertiser, '3am Lockout Questioned' (17 August 2015) http://www.adelaidenow.com.au/news/south-australia/adelaide-university-research-casts-doubt-on-the-effectiveness-of-lockouts-on-reducing-alcohol-related-violence/story-fni6uo1m-1227487338518

    The Conversation, 'Should using your mobile phone while walking be outlawed?' (12 April 2016) https://theconversation.com/should-using-your-mobile-phone-while-walking-be-outlawed-57542


    Channel 7 News Adelaide, 'Police issue safety warning over Pokemon Go' (9 July 2016) Edited version: https://au.news.yahoo.com/video/watch/32021978/police-issue-safety-warnings-over-pokemon-go/#stop. Full version available at: https://www.facebook.com/7NewsAdelaide/videos/1226845027346150/.


    ABC Radio National (Law Report), 'Are "Smart Contracts" So Smart?' (24 April 2018) http://www.abc.net.au/radionational/programs/lawreport/2018-04-24/9686918


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Entry last updated: Saturday, 1 Sep 2018

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