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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
Interpretation or construction is central to the operation of
contract law. Despite the fundamental role it plays, there have
been limited attempts to explain construction in holistic terms.
This important book aims to fill that gap by offering a systematic
exposition of the iterative process. It also goes further,
suggesting practical solutions to disputes regarding questions of
interpretation. The book argues that construction is not simply
about establishing what words mean; it is a process through which
objective intention is inferred from the choice of words in a
contract. The interpretive process involves four steps: formulate
the question of interpretation in dispute; explore competing
answers to the question; analyse the admissible material supporting
each interpretation; and weigh and balance the competing
considerations. By so doing, the book offers a simple yet
sophisticated framework for interpreting/constructing contracts.
Contracts for the Sale of Goods delivers detailed analysis and
in-depth comparison of the substantive law for the sale of goods in
domestic and international transactions. It provides comparative
analysis of three major sources of sales law: The United Nations
Convention on Contracts for the Sale of Goods, the UNIDROIT
Principles of International Commercial Contracts (PICC), and the
Sales of the Uniform Commercial Code. Practitioners, academics, and
anyone involved in the sale or purchase of goods in the
international market will need this thorough analysis of both the
text of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) and the cases that have
addressed and interpreted the CISG. The new edition examines the
number of American cases on the CISG decided since the last
edition, and the several hundred major non-American CISG cases,
concentrating on the development of specific points of law that
have become important and contentious areas. It continues to
provide a complete discussion of the PICC including the latest
provisions on set-off, assignment, and limitation periods, and
timely coverage of the new supplementary model clauses for use with
the Principles. This is the only text that compares and analyses
the PICC, the CISG and the Uniform Commercial Code in a detailed
way. It explores instances when one may be more applicable than the
other, and enables further understanding of all three instruments
and the options available under international and domestic US law.
This book examines the interconnections between artificial
intelligence, data governance and private law rules with a
comparative focus on selected jurisdictions in the Asia-Pacific
region. The chapters discuss the myriad challenges of translating
and adapting theory, doctrines and concepts to practice in the
Asia-Pacific region given their differing circumstances, challenges
and national interests. The contributors are legal experts from the
UK, Israel, Korea, and Singapore with extensive academic and
practical experience. The essays in this collection cover a wide
range of topics, including data protection and governance, data
trusts, information fiduciaries, medical AI, the regulation of
autonomous vehicles, the use of blockchain technology in land
administration, the regulation of digital assets and contract
formation issues arising from AI applications. The book will be of
interest to members of the judiciary, policy makers and academics
who specialise in AI, data governance and/or private law or who
work at the intersection of these three areas, as well as legal
technologists and practising lawyers in the Asia-Pacific, the UK
and the US.
The practical importance of intangible personalty such as debt,
bonds, equities, futures, derivatives and other financial
instruments has never been greater than it is today. The same may
be said of interests in intellectual property. Yet the assignment
of these intangible assets from one to another remains difficult to
understand. Assignments are often taken to operate as a form of
transfer akin to conveyances of legal titles to tangible
personalty. However, this conception does not accurately reflect
the law of assignment as it has developed in the caselaw in England
and Wales. This book sets out a different model of the workings of
assignments as a matter of English law, one that provides an
analytical, yet historically sensitive, framework which allows us
to better understand how, and why, assignments work in the way the
cases tell us they do.
Digital transformation is reshaping the business arena as new,
successful digital business models are increasing agility and
presenting better ways to handle business than the traditional
alternatives. Industry 4.0 affects everything in our daily lives
and is blurring the line between the physical, the biological, and
the digital. This created an environment where technology and
humans are so closely integrated that it is impacting every
activity within the organizations. Specifically, contracting
processes and procedures are challenged to align with the new
business dynamics as traditional contracts are no longer fitting
today's agile and continuously changing environments. Businesses
are required to facilitate faster, more secure, soft, and real-time
transactions while protecting stakeholders' rights and obligations.
This includes agile contracts which are dynamically handling scope
changes, smart contracts that can automate rule-based functions,
friction-less contracts that can facilitate different activities,
and opportunity contracts that looks toward the future. Innovative
and Agile Contracting for Digital Transformation and Industry 4.0
analyzes the consequences, benefits, and possible scenarios of
contract transformation under the pressure of new technologies and
business dynamics in modern times. The chapters cover the problems,
issues, complications, strategies, governance, and risks related to
the development and enforcement of digital transformation
contracting practices. While highlighting topics in the area of
digital transformation and contracting such as artificial
intelligence, digital business, emerging technologies, and
blockchain, this book is ideally intended for business,
engineering, and technology practitioners and policy makers, along
with practitioners, stakeholders, researchers, academicians, and
students interested in understanding the scope, complexity, and
importance of innovative contracts and agile contracting.
This collection of essays investigates the way in which modern
private law apportions responsibility between multiple parties who
are (or may be) responsible for the same legal event. It examines
both doctrines and principles that share responsibility between
plaintiffs and defendants, on the one hand, and between multiple
defendants, on the other. The doctrines examined include those
'originating' doctrines which operate to create shared liabilities
in the first place (such as vicarious and accessorial liability);
and, more centrally, those doctrines that operate to distribute the
liabilities and responsibilities so created. These include the
doctrine of contributory (comparative) negligence, joint and
several (solidary) liability, contribution, reimbursement, and
'proportionate' liability, as well as defences and principles of
equitable 'allowance' that permit both losses and gains to be
shared between parties to civil proceedings. The work also
considers the principles which apportion liability between multiple
defendants and insurers in cases in which the cause, or timing, of
a particular loss is hard to determine. The contributions to this
volume offer important perspectives on the law in the UK, USA,
Canada, Australia and New Zealand, as well as a number of civilian
jurisdictions. They explicate the main rules and trends and offer
critical insights on the growth and distribution of shared
responsibilities from a number of different perspectives -
historical, comparative, empirical, doctrinal and philosophical.
This is a topical area for the courts, which have moved to imply
various limitations or tests on decision makers powers and when
they can be challenged. This is made more difficult for lay users
and lawyers alike in that implied restrictions are (by definition)
not apparent from the words of the relevant contract itself. These
limits are applied by the courts not just to fiduciaries (such as
trustees or directors), but also to non-fiduciaries (eg banks and
employers). Recent case law includes: * Pitt v Holt (SC) - trustee
decisions (2013) * Braganza (SC) - contractual discretions (2015) *
Eclairs (SC) - directors powers: proper purposes (2015) * IBM UK
Holdings v Dalgleish (CA) - employer powers under pension plans
(2017) * British Airways (CA)- pension plan - proper purposes
(2018) The book reviews the relevant doctrines of: * Interpretation
rules * Proper purposes; * Due consideration of relevant factors *
Full perversity (no reasonable decision maker)
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