Evolution Or Revolution?
Author | : John Furness Wilson |
Publisher | : |
Total Pages | : 22 |
Release | : 1969 |
Genre | : Contarcts |
ISBN | : |
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Author | : John Furness Wilson |
Publisher | : |
Total Pages | : 22 |
Release | : 1969 |
Genre | : Contarcts |
ISBN | : |
Author | : John Furness Wilson |
Publisher | : |
Total Pages | : 28 |
Release | : 1969 |
Genre | : Law |
ISBN | : |
Author | : |
Publisher | : Brill Archive |
Total Pages | : 298 |
Release | : 1979 |
Genre | : |
ISBN | : 9789004059634 |
Author | : International Monetary Fund |
Publisher | : International Monetary Fund |
Total Pages | : 31 |
Release | : 2022-01-27 |
Genre | : |
ISBN | : 1616358750 |
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Author | : W David Slawson |
Publisher | : |
Total Pages | : |
Release | : 1996-01-01 |
Genre | : |
ISBN | : 9781400818129 |
During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day. American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties. As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.
Author | : Sarah Worthington |
Publisher | : Bloomsbury Publishing |
Total Pages | : 390 |
Release | : 2018-01-11 |
Genre | : Law |
ISBN | : 1509913254 |
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Author | : |
Publisher | : |
Total Pages | : 288 |
Release | : 1979 |
Genre | : Jewish law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 117 |
Release | : 2006 |
Genre | : Contracts |
ISBN | : |
Author | : Reginald Walter Michael Dias |
Publisher | : |
Total Pages | : 556 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Author | : Reginald Walter Michael Dias |
Publisher | : Butterworth-Heinemann |
Total Pages | : 468 |
Release | : 1979 |
Genre | : Law |
ISBN | : |