Set in Stone? Change and Innovation in Consumer Standard-Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Set in Stone? Change and Innovation in Consumer Standard-Form Contracts by : Florencia Marotta-Wurgler

Download or read book Set in Stone? Change and Innovation in Consumer Standard-Form Contracts written by Florencia Marotta-Wurgler and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-form contracting is the engine of the mass-market economy, yet we know little about what drives it and what factors are associated with its evolution. Understanding change and innovation of the substance, length, and complexity of fine print in the consumer context can help regulators identify sources of potential intervention as well as help them evaluate the effectiveness of mandatory disclosure regimes, which are commonly used as consumer protection tools. This Article studies the rate, direction, and determinants of change in consumer standard-form contracting. We examine what changed between 2003 and 2010 in the terms of 264 mass-market consumer software license agreements. Thirty-nine percent of contracts materially changed at least one term, and some changed as many as fourteen terms. The average contract became more pro-seller as well as several hundred words longer. The increase in length is not due to the use of simpler language. Contract readability has been constant: The average contract is as readable as an article in a scientific journal. The variance of contract length has grown, as has the variance in overall pro-seller bias, resulting in reduced contract standardization over time. Firms that were younger, larger, or growing, as well as firms with inhouse counsel, were more likely to change existing terms and to introduce new terms to take advantage of technological and market developments. Contracts appear to respond to litigation outcomes: Terms that were increasingly enforced by courts were more frequently used in contracts, and vice-versa. The results indicate that software license agreements are relatively dynamic and shaped by multiple factors over time. We discuss potential consumer protection implications as a result of the increased length and complexity of contracts over time.

The Future of the Commercial Contract in Scholarship and Law Reform

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Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 471 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

Intellectual Property Licensing and Transactions

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Publisher : Cambridge University Press
ISBN 13 : 1316518035
Total Pages : 951 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Intellectual Property Licensing and Transactions by : Jorge L. Contreras

Download or read book Intellectual Property Licensing and Transactions written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-06-30 with total page 951 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and practical textbook in the field of intellectual property licensing.

Mapping Legal Innovation

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Publisher : Springer Nature
ISBN 13 : 303047447X
Total Pages : 427 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Mapping Legal Innovation by : Antoine Masson

Download or read book Mapping Legal Innovation written by Antoine Masson and published by Springer Nature. This book was released on 2021-03-01 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and life cycle of legal innovations, techniques and services, whether related to legislation, legal engineering, legal services, or legal strategies, as well as the role of law as a source of creativity and interdisciplinary collaboration.

Behavioral Law and Economics

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Publisher : Oxford University Press
ISBN 13 : 0190901373
Total Pages : 641 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Behavioral Law and Economics by : Eyal Zamir

Download or read book Behavioral Law and Economics written by Eyal Zamir and published by Oxford University Press. This book was released on 2018-06-05 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

The Oxford Handbook of Law and Humanities

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Publisher : Oxford University Press
ISBN 13 : 0190695641
Total Pages : 800 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Law and Humanities by : Simon Stern

Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by Oxford University Press. This book was released on 2019-12-17 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Consumer Law and Economics

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Publisher : Springer Nature
ISBN 13 : 3030490289
Total Pages : 326 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Consumer Law and Economics by : Klaus Mathis

Download or read book Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Legal Intermediation

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Publisher : Emerald Group Publishing
ISBN 13 : 183867859X
Total Pages : 184 pages
Book Rating : 4.8/5 (386 download)

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Book Synopsis Legal Intermediation by : Austin Sarat

Download or read book Legal Intermediation written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-10-22 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.

Research Handbook on International and Comparative Sale of Goods Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786436159
Total Pages : 480 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on International and Comparative Sale of Goods Law by : Djakhongir Saidov

Download or read book Research Handbook on International and Comparative Sale of Goods Law written by Djakhongir Saidov and published by Edward Elgar Publishing. This book was released on 2019 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925805
Total Pages : 851 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2 by : Jan H Dalhuisen

Download or read book Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 2 deals with the transnationalisation of contract; movable and intangible property law; and the transformation of the models of contract and movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of contract and movable property turns to risk management, asset liquidity, and transactional and payment finality. Common law and civil law concepts are compared and future directions indicated. The potential, effects, and challenges of the blockchain are noted, so far especially for the carriage of goods by sea. All three volumes may be purchased separately or as part of a single set.

The Moral Conflict of Law and Neuroscience

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Publisher : University of Chicago Press
ISBN 13 : 022651367X
Total Pages : 392 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis The Moral Conflict of Law and Neuroscience by : Peter A. Alces

Download or read book The Moral Conflict of Law and Neuroscience written by Peter A. Alces and published by University of Chicago Press. This book was released on 2018-01-24 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

A Commercial Law of Privacy and Security for the Internet of Things

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Publisher : Cambridge University Press
ISBN 13 : 1108482031
Total Pages : 363 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Commercial Law of Privacy and Security for the Internet of Things by : Stacy-Ann Elvy

Download or read book A Commercial Law of Privacy and Security for the Internet of Things written by Stacy-Ann Elvy and published by Cambridge University Press. This book was released on 2021-07-29 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elvy explores the consumer ramifications of the Internet of Things through the lens of the commercial law of privacy and security.

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509949518
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3 by : Jan H Dalhuisen

Download or read book Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-04-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: “It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious... likely to become a classic text in its field.” (American Journal of Comparative Law) Volume 3 of this new edition deals with the transnationalisation of contract law. It compares common law and civil law concepts, noting the origin of the one in commercial law and of the other in consumer law, and identifies the different attitudes to protection, risk management, and risk distribution. The volume also explores future directions in international commerce and finance, as well as the potential, effects, and challenges of e-commerce, the blockchain, and the emergence of the smart contract. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

European Perspectives on Behavioural Law and Economics

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Publisher : Springer
ISBN 13 : 3319116355
Total Pages : 276 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis European Perspectives on Behavioural Law and Economics by : Klaus Mathis

Download or read book European Perspectives on Behavioural Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2015-02-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost (“expected utility theory”). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics.

Learning in Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Learning in Standard Form Contracts by : Giuseppe Dari-Mattiacci

Download or read book Learning in Standard Form Contracts written by Giuseppe Dari-Mattiacci and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We explore learning and change in standard form contracts. We hypothesize that drafters (sellers) are more likely to revise the terms they offer when they have an opportunity to learn about their value. These opportunities arise only for those types of terms that allow drafters to experience the relative costs and benefits of offering them. Consider a warranty. Sellers offering a warranty in an initial period will be exposed to claims about malfunction by purchasers and will learn whether it is desirable to offer it going forward. When drafters are unable to learn, either because they fail to offer such learning-enabling terms initially, or because the term in question is one where there is no increased opportunity to learn, we expect that such terms will be revised less frequently. Indeed, a reduced opportunity to learn might create contractual “black holes,” where terms that are less likely to be revised might lose their meaning over time or appear less related to the rest of the contract. Our results support this hypothesis. Using a large sample of changes in consumer standard form contracts over a period of seven years, we find that sellers are more likely to revise terms that offer an opportunity to learn than those that do not. The results suggest that standard form contract terms evolve over time as sellers learn about their benefits, costs, and risks. Our results have normative implications for the design of default rules.

The Federal Arbitration Act and Access to Justice

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Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Federal Arbitration Act and Access to Justice by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Federal Arbitration Act and Access to Justice written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2014 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Hastings Law Journal

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Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis The Hastings Law Journal by :

Download or read book The Hastings Law Journal written by and published by . This book was released on 2014-12 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: