This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?" by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com. All three open access chapters were funded by BIPAR.

When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction.
In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

1. This book has a multi-disciplinary market across criminology, sociology, law and environment and sustainability studies. 2. Rob White is the key figure in the development of Green Criminology; courses on the topic are usually at upper-level undergraduate so this will find a market as a supplementary for students looking to understand theoretical and conceptual approaches with the seminal essays all in one place.

his book addresses a topic of vivid public discussion at both national and international levels where an information technology revolution comes together with pervasive personal data collection. This threat to privacy is peculiar and the old tools, such as consent for personal data processing, fail to work properly in the context of online services. This was clearly seen in the case of Cambridge Analytica which uncovered how easy the procedural requirements of consent and purpose limitation can be abused on a mass scale.The lack of individual control over personal data collected by online service providers is a significant problem experienced by almost every person using the Internet: it is an 'all or nothing' choice between benefiting from digital technology and keeping their personal data away from the extensive corporate surveillance. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves. To put individuals in the drivers seat, the book first conducts a careful examination of the economic and technical details of online services which pinpoints both the privacy problems caused by their providers and the particular features of the online environment. Then it devises a set of measures to enable individuals to manage these processes. The proposed Privacy Management Model consists of three interlocking functions of controlling, organising and planning. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators); a set of technological/architectural tools to manage data within the ICT systems of the online service providers; and laws capable of enabling and supporting all these elements.The proposed solution remedies the structural problems of the Internet arising from its architectural and informational imbalances and enables the effective exercise of individual autonomy. At the same time, it facilitates the effective operation of online services and recognises the fundamental importance of the use of personal data for the modern economy. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws. It also shows that technology is not intrinsically privacy invasive and that effective regulation is possible.

When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. The chapter on breach of contract has continued to take on board the developing principles of contractual construction, most notably in relation to the interpretation of exemption clauses, where Supreme Court and Court of Appeal decisions, namely Impact Funding Solutions Ltd v Barrington Support Services Ltd and Persimmon Homes Ltd v Ove Arup and Partners Ltd, have continued to question the extent to which the traditional approach can be reconciled with the broader canons of commercial construction now adopted by the courts. In the following chapter, termination is defined in the terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notable the right to withhold performance and discharge under the doctrine of frustration. The controversial decision of the Court of Appeal in MSC Mediterranean Shipping Co SA v Cottonex Anstalt is discussed here. The third part addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' of when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. Recent Court of Appeals decisions are included, such as Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd, which provides useful guidance as to the relationship between conditions and contractual rights of termination. The fourth and final section considers the consequences of the promisee's election whether to terminate. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notable damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The position on damages in The Golden Victory has been extended further by Bunge SA v Nidera BV as discussed in Chapter 10. Similarly the examination of the Court of Appeal decision in The New Flamenco provides additional authority on mitigation to damages. Principles relating to restitution recovery are re-examined by reference to three major Supreme Court cases on unjust enrichment: Benedetti v Sawiris; Memelaou v Bank of Cyprus UK Ltd; and Investment Trust Companies v Revenue and Customs Commissioners.

This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition."

Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as "The Rainbow Suite"), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer's and Contractor's Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer's Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful.

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In "The Fall and Rise of Freedom of Contract "leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom.
The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the "death of contract" and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.
This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments.

"Contributors." Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.

Mastering RFP solicitations is a critical skill required of every public procurement professional. Designed to provide a strategic overview of the skills and traits necessary to fulfill the procurement function, Developing and Managing Requests for Proposals in the Public Sector explores the complex and ever-changing process of competitive negotiations, providing hands-on guidance for practitioners to successfully achieve the best value for both their entity and the taxpayer. While rules, ordinances, policies, practices, and procedures vary among jurisdictions, the book breaks down the basic steps involved in the competitive negotiation process, providing best practice guidance for public procurement professionals to help them navigate the formidable and exacting process successfully, fairly, and with transparency. This book is required reading for every public procurement professional and will be recommended reading for all public procurement courses as well as concentration and certificate programs.

The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.

How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake.
Claims to alleviation on the grounds of mistake are likely to arise wherever the law prescribes a state of mind (some kind of intent) as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.
There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness--a waxing of alleviating mistakes.

The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports. The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases.

It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.

Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.

Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement - a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders' cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

The best pedagogic law textbooks now have even more features, such as guidance on answering problem questions The full colour design with even more diagrams and coloured chapter tabs improves readability and navigability Numerous citations, quotations and extracts mean that students will be exposed to primary sources of legal language Cases and judgments are highlighted making them easy to find for cross-reference and revision Concepts and terms are explained clearly allowing for accessibility and understanding, and are all included in a glossary www.unlockingthelaw.co.uk provides free interactive mcqs and key exam questions with guidance on how to answer, as well as updates to the law

This is a commentary on the two new EC Directives on public procurement, which are due to be implemented and in force by January 2006, together with practical guidance upon their application and implementation in national law. The author offers a clear and precise explanation of the meaning and significance of the rules and identifies and discusses the problem areas in understandable terms. A new feature of the second edition is that it covers all procurement rules relating to the institutions of the EC itself, for example rules relating to procurement by the EC Commission or European Development Fund. The author is a recognized expert in this field, bringing to bear experience both in private practice and as an adviser to governments and public bodies to provide an essential reference guide for all who operate in this field. The book is based on the provisions of the Directives themselves and, as such, sets out the minimum requirements that must be followed by each member state in the process of transposition. Whilst it considers the EU objectives of procurement regulation and the interpretations provided by the European Court, its primary purpose is to explain the effects of the EC rules in the context of real world procurement practices and procedures. The book takes into account the latest amendments brought about by the EC Directives of 2004, including: the consolidation of the Directives to introduce a more sequenced logic; the significant improvements and amendments brought about by both Directives: the introduction of new procedures; the introduction of electronic procurement (including specific provisions relating to dynamic purchasing systems and electronic auctions); the permissibility of the application of social and environmental policies and the applicable conditions as well as the amendments to the utilities sector Directive in respect of its scope (coverage of telecommunications removed and postal services added); the new general escape mechanisms for competitive markets and the significant changes to the affiliated undertakings. The book also covers the other EC procurement rules which apply to funded contracts and contracts benefiting third countries.

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author -- an expert in international construction contracts -- puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: - Updated material in terms of new FIDIC and NEC Forms published in 2017 - Many additional vignettes that clearly exemplify the concepts presented within the text - Information that is appropriate for a global market, rather than oriented to any particular legal system - The essential tools that were highlighted the first edition such as sample letters, dictionary and more - A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.

Using an interdisciplinary approach involving economics, sociology, and law, Regulating Contracts explores fundamental questions about contracts and legal regulation. What kind of social relation do contracts create, or, more precisely, how do contracts cover social interaction? How are contractual relations or more generally markets constructed? Does the law play a significant role in contractual practices, and in particular what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation? The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redress of unfairness, countering unjust power relations, and access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation.

In recent years, the design of contracts in supply chains has received significant attention from researchers and practitioners. Companies try to improve their profits by designing efficient contracts that ensure a high availability of the product at a low cost. In this book the author presents a quantitative approach for designing optimal supply chain contracts. Firstly, service level contracts, which are frequently used between a supplier and a manufacturer, are analyzed. For this contract type, optimal contract parameter combinations are identified that lead to a coordinated supply chain. Secondly, an optimal contract selection strategy is developed for a supply chain where a manufacturer can choose among multiple potential buyers. Potential readership includes scholars of supply chain management and management science, graduate students interested in these areas as well as interested practitioners involved in negotiating contracts.

Reimagining Contract Law Pedagogy examines why existing contract teaching pedagogy has remained in place for so long and argues for an overhaul of the way it is taught. With contributions from a range of jurisdictions and types of university, it provides a survey of contract law courses across the common law world, reviewing current practice and expressing concern that the emphasis the current approach places on some features of contract doctrine fails to reflect reality. The book engages with the major criticism of the standard contract course, which is that it is too narrow and rarely engages with ordinary life, or at least ordinary contracts, and argues that students are left without vital knowledge. This collection is designed to be a platform for sharing innovative teaching experiences, with the aim of building a new approach that addresses such issues. This book will have international appeal and will be of interest to academics, researchers and postgraduates in the fields of law and education. It will also appeal to teachers of contract law, as well as governmental and legal profession policymakers.

Brings together the legislation that students on Scottish LLB law of obligations courses need to know about Avizandum Legislation on the Scots Law of Obligations takes a unitary approach to this difficult and fragmented subject. It contains a wide-ranging selection of materials, including statutes, statutory instruments, EU Directives and Codes, relating to contract, delict and unjustified enrichment, together with provisions that affect the general law on civil liability. Key contents include: Prescription and Limitation (Scotland) Act 1973 Sale of Goods Act 1979 Requirements of Writing (Scotland) Act 1995 Consumer Rights Act 2015 Unidroit Principles for International Commercial Contracts 2016