Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous edition in 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but a few, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence). In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, and Equitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.

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 edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements - agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

This report compares the Regional Comprehensive Economic Partnership (RCEP) with other free trade agreements and suggests how policy makers can promote its successful implementation. The analysis in this report aims to support policy makers and negotiators in RCEP implementation by identifying areas where further work is needed to make the agreement more attractive to firms and investors. The report shows that despite RCEP's shortcomings it presents valuable opportunities to deepen regional economic integration. Critically important are the agreement's built-in provisions and economic and technical cooperation measures that make it possible to expand its depth and coverage in the future.

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply. The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS (c) and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition. Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to general contract law, the book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of 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.