Contract Law Minimalism
Contract Law Minimalism

Author: Jonathan Morgan

Publisher: Cambridge University Press

Published: 2013-11-07

Total Pages: 314

ISBN-13: 110747020X

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Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Trade Policy Flexibility and Enforcement in the World Trade Organization
Trade Policy Flexibility and Enforcement in the World Trade Organization

Author: Simon Arnd Benedikt Schropp

Publisher: Cambridge University Press

Published: 2009

Total Pages: 379

ISBN-13: 0521761204

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"The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct." "This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable." --Book Jacket.

Economic Analysis of Contract Law
Economic Analysis of Contract Law

Author: Sugata Bag

Publisher: Springer

Published: 2018-01-24

Total Pages: 215

ISBN-13: 3319652680

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This book examines the main issues arising in economic analysis of contract law with special attention given to the incomplete contracts. It discusses both the main features of contract law as they relate to the problem of economic exchange, and how the relevant legal rules and the institutions can be analysed from an economic perspective. Evaluate the welfare impacts, analyses the effects and the desirability of different breach remedies and examines the optimal incentive structure of party-designed liquidated damages under the different dimensions of informational asymmetry. Overall the book aims to contribute to the legal debate over the adoption of the specific breach remedies when the breach victim’s expectation interest is difficult to assess, and to the debate over courts' reluctance to implement large penalties in the event of breach of contracts.

Government Auditing Standards - 2018 Revision
Government Auditing Standards - 2018 Revision

Author: United States Government Accountability Office

Publisher: Lulu.com

Published: 2019-03-24

Total Pages: 234

ISBN-13: 0359536395

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Audits provide essential accountability and transparency over government programs. Given the current challenges facing governments and their programs, the oversight provided through auditing is more critical than ever. Government auditing provides the objective analysis and information needed to make the decisions necessary to help create a better future. The professional standards presented in this 2018 revision of Government Auditing Standards (known as the Yellow Book) provide a framework for performing high-quality audit work with competence, integrity, objectivity, and independence to provide accountability and to help improve government operations and services. These standards, commonly referred to as generally accepted government auditing standards (GAGAS), provide the foundation for government auditors to lead by example in the areas of independence, transparency, accountability, and quality through the audit process. This revision contains major changes from, and supersedes, the 2011 revision.

Concepts, Technologies, Challenges, and the Future of Web 3
Concepts, Technologies, Challenges, and the Future of Web 3

Author: Lekhi, Pooja

Publisher: IGI Global

Published: 2023-08-29

Total Pages: 628

ISBN-13: 1668499207

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Web3 is a term which refers to the third generation of the World Wide Web; it is a decentralized internet architecture that uses blockchain technology, smart contracts, and other decentralized technologies to create a more secure and transparent internet.Concepts, Technologies, Challenges, and the Future of Web 3 is led by researchers with a valuable mix of industry and academic experience. The book delves into the concepts of decentralization, trustlessness, and interoperability and explores the challenges of Web3, including scalability, security, and regulatory compliance. It examines the current and potential future use cases of Web3, such as decentralized finance, supply chain management, identity verification, and decentralized social networks. “The core building blocks of Web3” is not just for researchers, academics, and students in computer science and related fields but also for developers, entrepreneurs, and businesses looking to build applications and services in the Web3 space. It offers a clear understanding of the technical and conceptual frameworks underpinning Web3 and the challenges and opportunities in the decentralized web. Moreover, the book is valuable for policymakers, regulators, and legal professionals interested in understanding the regulatory frameworks and legal implications of Web3. It provides insights into the potential impact of Web3 on governance, regulation, and law, highlighting the need for new policy frameworks to address the challenges and opportunities presented by the decentralized web.

Firms, Markets, and Contracts
Firms, Markets, and Contracts

Author: Ekkehart Schlicht

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 306

ISBN-13: 3642469884

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Modern institutional economics witnesses a merging of formal and informal strands of theorizing. This development has offered new and vigorous perspectives which avoid both arbitrariness and theoretical sterility. The essays on contract theory gathered here exemplify this development. They propone new results on central issues in contractual theorizing. The theory of the firm in its variegated aspects forms, naturally, the core of the present set of contributions. Issues of ownership, integration, delegation, and finan ce are analyzed. Some contributions use the theoretical approach of contract theory to explore other issues, like medical care, public good problems, the economics of crime, environmental economics, and international trade. The contributors are leading young economists. They have participated in one or se veral classes of the 'International Summer School on the New Institutional Economics' which has been organized by Rudolf Richter in the years 1988 through 1994 and is now continued by Urs Schweizer. The theoretical style of these contributions has been influ enced by this experience. This collection of essays is intended to express the thanks of the contributors to Rudolf Richter. His initiatives for scholarly instruction and for inter national exchange of ideas have helped to create and to diffuse the understanding of and the engagement for the new institutional economics in Europe.

The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

Published: 2019-10-31

Total Pages: 500

ISBN-13: 9781108492560

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The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.