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897 results in Contract Law

Page 13 of 45

  • 7 - Revisiting the Hard Cases – Some Final Thoughts

  • from Part III - The Regret Principle and the Opportunism Corollary: Application
  • Nancy S. Kim
  • Book:
    Consentability
    Published online:
    08 February 2019
    Print publication:
    14 February 2019, pp 168-216

  • Summary

    Chapter 7 revisits the hard cases applying the consentability framework and proposes that consentability should be based, not upon the fact of payment, but upon the threat that an activity poses to one’s future self. Where the threat to autonomy is high, the act should be prohibited or “inconsentable” for most people. For example, certain medical trials might be restricted to those who understand the risks of the procedure (perhaps only other medical personnel) or to those who have nothing much to lose (because they are suffering from incurable pain, a terminal illness or imminent death). However, as more information becomes available about the potential consequences of an experiment or procedure, the knowledge condition may be more robust for more people with the result being that more people may validly consent to participate.

  • 4 - Consent and Contracts

  • from Part II - Consentability and Contractability
  • Nancy S. Kim
  • Book:
    Consentability
    Published online:
    08 February 2019
    Print publication:
    14 February 2019, pp 91-116

  • Summary

    Chapter 4 discusses how contract law affects consentability. Because a contract expresses a present intent to bind oneself to do something in the future, there always lurks the potential for a party to change her mind. But the very purpose of a contract is to ensure performance even when a party at a later time no longer wishes to perform. The binding nature of a contract means that it can be a double-edged sword as a tool for promoting autonomy. All contracts require consent, but not all consentable acts are – or should be – contractable Chapter 4 concludes that, in some cases involving autonomy, contract enforcement would pose harmful societal effects. This chapter examines contract law through the consentability framework and explains how consentability determinations are often based upon contractability.

Consentability
  • Consent and its Limits
  • Nancy S. Kim
  • Published online:
    08 February 2019
    Print publication:
    14 February 2019
  • 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.

Waves in Contract and Liability Law in Three Decades of Ius Commune
  • Volume 158
  • Edited by Anne L. M. Keirse, Marco B. M. Loos
  • Published by:
    Intersentia
    Published online:
    13 October 2018
    Print publication:
    22 November 2017
  • This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law and the need to adjust the law in response to digitalisation and new technological, environmental or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand and on the concept of fairness and weaker-party protection on the other hand. Tort law shows movements discarding former limitations of liability and embracing liability of wider scope and vice versa returns to more restricted approaches.

European Contract Law in the Digital Age
  • Volume 3
  • Edited by Stefan Grundmann
  • Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    09 February 2018
  • European Contract Law in the Digital Age offers an overview of the interactions between digital technologies and contract law and takes into account the two (late) 2015 EU Commission proposals on digital contracting and digital content. The book goes beyond these proposals and is grouped around the three pillars of an architecture of contract law in the digital age: the regulatory framework; digital interventions over the life-cycle of the contract; and digital objects of contracting. The discussion of the regulatory framework looks at the platforms used for digital contracting - such as Airbnb - which are particularly important instruments for the formation of digital contracts. In describing the life-cycle of the contract, this book shows how four key technologies (digital platforms, Big Data analytics, artificial intelligence, and blockchain) are being used at different stages of the contractual process, from the screening for contractual partners to formation, enforcement and interpretation. Furthermore, digitally facilitated contracting increasingly relates to digital content - for instance software or search engines - as the object of the contract but while this area has notably been shaped by the proposed Directive on Contracts for the Supply of Digital Content, this work shows that important questions remain unanswered. This book highlights how the digital dimension opens a new chapter in the concept of contracting, both questioning and revisiting many of its core concepts. It is a reliable resource on topical developments for everyone interested in digital technologies and contract law. Stefan Grundmann is Professor of European Private Law, Transnational Law and Legal Theory at Humboldt University, Berlin and the European University Institute, Florence. He has written books and commentaries in several languages in contract law, banking law and company law, as well as in private law theory. He is President of the Society of European Contract Law.

European Contract Law and the Charter of Fundamental Rights
  • Volume 2
  • Edited by Hugh Collins
  • Published by:
    Intersentia
    Published online:
    22 September 2018
    Print publication:
    03 April 2017
  • This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies, and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law, using a variety of legal, historical, and theoretical perspectives. These original assessments by distinguished scholars range from claims that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance. Questions are raised about the scope of application of the Charter; its indirect but significant effect on national legal systems, especially in improving the effectiveness of EU law; and whether the rights and principles of the Charter may sometimes have direct effect on contracts by leading a court to disapply national law. Hugh Collins FBA is the Vinerian Professor of English Law, All Souls College, Oxford. 2 Intersentia Intersentia 3

Consumer Sales in Europe
  • After the Implementation of the Consumer Rights Directive
  • Edited by De Cristofaro Giovanni, De Franceschi Alberto
  • Published by:
    Intersentia
    Published online:
    19 September 2018
    Print publication:
    25 August 2016
  • This book offers an innovative and systematic analysis of the new rules on consumer sales contracts in several EU Member States after the implementation of Directive 2011/83/EU on consumer rights. The national reports, all written by highly respected authors, focus in particular on the scope of application of the implementing provisions of the Consumer Rights Directive and their interplay with the already existing rules on consumer contracts, as well as on the relationship between the national 'special' rules concerning consumer sales and the general domestic rules on sales contracts. Furthermore, each contribution looks ahead by weighing the future development of European contract law and its possible interaction with national regulation of consumer sales. The book therefore addresses not only academics but also practitioners and members of the European institutions who are dealing with the task of shaping new European consumer and contract law. With national reports by: Giovanni De Cristofaro (Introduction and Italy), Christiane Wendehorst and Oliver Paschel (Austria), Evelyne Terryn (Belgium), Carole Aubert de Vincelles (France), Martin Schmidt-Kessel (Germany), Marco Loos (the Netherlands), Fryderyk Zoll (Poland), Jorge Morais Carvalho (Portugal), Mauricio Troncoso (Spain), and Christian Twigg-Flesner (United Kingdom)

Contract Law of the Internal Market
  • Weatherill Stephen
  • Published by:
    Intersentia
    Published online:
    19 September 2018
    Print publication:
    25 July 2016
  • The thematic argument that forms the core of this book holds that it is important in understanding the European Union's impact on private and especially contract law that the European Union has only a limited competence conferred by its founding Treaties, but that, largely as a consequence of the Court's generous reading of the scope of the internal market, those limits are less of a restraint than may initially be supposed and that, moreover, pursuit of, in short, social justice is less constitutionally elusive than is often alleged. It provides an authoritative account of the actual and possible scope of the European Union's role and also interrogates the question whether the European Union's influence on private and especially contract law is benign or disruptive, in particular in the context of that constitutionally limited competence. This is timely, not least because the Commission's review of contract law, initiated in 2001, has still not run its course and may never do so. It is a continuing process. And the constitutional dimension has tended to be neglected. The book insists on the need for awareness of a complex interaction of often ambiguous constitutional rules, often politically inconsistent institutional rhythms and often evasive judicial pronouncements. And it shows how the European Union's role is not simply a niche area that has grown erratically but ultimately remains on the edges of the European Union's core public law activities, but rather that the rise of European Union private and especially contract law asks some vividly important questions about the principle and practice of conferred competence and about the choice of priorities in market regulation as protective instincts and deregulatory impulses collide. The adjustments made by the Treaty of Lisbon, especially but not only the grant of binding effect to the Charter of Fundamental Rights, have sharpened the interest. Contract Law of the Internal Market is written for both private and EU lawyers.

  • 6 - Statutory Restrictions on Party Autonomy (II)

  • Jieying Liang, The University of Hong Kong
  • Book:
    Party Autonomy in Contractual Choice of Law in China
    Published online:
    09 March 2018
    Print publication:
    22 March 2018, pp 150-175

  • Summary

    Chapter 6 touches upon the interrelationship between 'social public interest' and mandatory rules by looking at the relevant statutory provisions, administrative regulations and rules, and judicial interpretations on contracts involving foreign exchange and investment. It then discusses how to identify the mandatory rules applicable in private international law and provides suggestions as to the use of social public interest reservation in contractual choice of law.

Page 13 of 45