The generation and use of data in society has seen exponential growth in recent years. The emergent field of data science, concerned with understanding and analyzing this data, can be applied to applications spanning from healthcare and urban planning to smart household devices. The legal questions which accompany the rise of these technologies, however, remains underexplored. Breaking new ground this Research Handbook maps the legal implications of the emergence of data science. Drawing on comparative perspectives, this Research Handbook approaches the subject from different legal domains, considering the possibilities and limitations of the current legal framework. Reflecting on whether further regulation is needed to address the ethical and legal problems raised by data science, the contributors examine how the practice is, and should be, regulated and how it influences the law, judiciary, and legal research. The book makes a vital contribution to the emerging field of data science and law as a discipline, and covers data science methodologies and tools essential for both legal practice and scholarship. The Research Handbook in Data Science and Law will be an important resource for students interested in data and technology law, as well as for legal scholars and practitioners in the field. Data scientists seeking an introduction to the law surrounding the field will also find this Research Handbook invaluable. Contributors include: A. Berlee, C. Busch, A. Carlson, M.O. Cuevas, B. Custers, A. Daly, A. De Franceschi, W. Kaufmann, A. Klop, S. Kreifels, K.M. Kryla-Cudna, A.J.F. Lafarre, V. Mak, M. Mattioli, R. Nurullaev, R. Podszun, M.G. Porcedda, C. Prins, S. Ranchordas, R. Russo, K.K.E.C.T. Swinnen, P. Szulewski, E.T.T. Tai, H. U

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, while in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which, as the most common type of contract, may fulfill a leading role in the harmonization process, this book provides a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as the UN Convention on Contracts for the International Sale of Goods and the Principles of European Contract Law a plea is made for a primary position for performance-oriented remedies in the harmonization of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.