Download or read book Networks as Connected Contracts written by Gunther Teubner and published by Bloomsbury Publishing. This book was released on 2011-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.
Download or read book Networks of Collaborative Contracts for Innovation written by Pablo Marcello Baquero and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Download or read book A Legal Framework from Emerging Business Models written by Emily M. Weitzenboeck and published by Edward Elgar Publishing. This book was released on 2012 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyses how dynamic networks are organized and set up through, very often, collaborative contracts and how the behaviour of their member firms is regulated. Good faith and fair dealing as a behavioural criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.
Download or read book Networks written by Marc Amstutz and published by Bloomsbury Publishing. This book was released on 2009-05-26 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years interest in network phenomena has grown immensely among anthropologists, psychologists, political scientists, economists and lawyers. Empirical observation shows that network arrangements can be found in many branches of business. This is often linked to rapid changes in today's markets and technologies, but it is not the only reason. Legal institutions have been at the centre of private law since the industrial revolution but today contracts and corporations cannot cope with the risks and opportunities posed by networks. Legal practice needs solutions which go beyond the classical traditions of thinking in the dichotomy of contract and corporation. This volume is the outcome of a conference held in Fribourg, Switzerland, which focused on the legal treatment of contractual networks, in particular questions of network expectations, the fragility of network institutions, and the question of how law can minimise network specific risks towards third parties. The contributors, among them many of the world's leading scholars in this field, include Roger Brownsword, Simon Deakin, Gunther Teubner, Hugh Collins and Marc Amstutz. The book will be of interest to scholars of contract, corporate law, and legal theory.
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.
Download or read book Contract and Regulation written by Roger Brownsword and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Download or read book The Cambridge Handbook of Smart Contracts Blockchain Technology and Digital Platforms written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2019-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Essays on the Economics of Networks written by Alexander Graupner and published by . This book was released on 2020 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation contains three chapters on how economic networks affect various market situations. Broadly, they cover contracting and monopoly pricing in the presence of economic networks. The first chapter considers a principal, many agents contracting problem. Agents sit on a network of complementarities. That is, the effort of one agent affects the value of effort for those with whom he connects. Given this structure on effort, I characterize the first best contract. This contract induces efforts that reflect the agents Bonacich centrality in the symmetrized network. I then consider a variety of bilateral contracts, and compare their values for the principal. First, I consider bilateral forcing contracts. These contracts induce less effort per agent than the first best contract. Agents' effort distortions depends on their bibliographic coupling. I show that it is this novel measure that drives effort down for certain agents. Networks with high total bibliographic coupling have a large profit gap from first to second best forcing contracts. I compare these contracts to bilateral linear contracts, and show that linear contracts outperform the forcing contracts. Finally, I show that base and bonus contracts are profit maximizing for the principal, and implement first best. The second chapter considers a monopolist who introduces a new durable good to a base of consumers who are connected on a network of communication. Consumers are initially unaware of the product, and must learn about its existence through their neighbors. Each consumer who purchases informs a group of neighbors, and the information flows through consumers as a branching process. The monopolist commits to a dynamic price path on the infinite horizon. I find that though consumers are fully strategic, the monopolist finds it optimal to serve the entire consumer base infinitely often, which implies a sales structure. I then derive the optimal price path for a simplified model of two agents, and derive comparative statics. The third chapter considers a monopolist who sells to a consumer base that is largely unaware of the product. The monopolist spreads the information of the product to consumers by the past purchasers. I assume that the monopolist knows the exact network structure on which consumers live, and sets prices based off of consumers positions and the aware set of consumers. I consider three different pricing strategies. First, I consider a setting where the monopolist can price discriminate based on the consumers' network position. In this case I am able to find which consumers are important to the information flow. Consumers who are aware early get a discount, along with agents who are critical to the information flow. If there are consumers who can only be reached through one consumer purchasing, this consumer is offered a discounted price. I see that these ideas follow through to the single priced monopolist case, where prices fluctuate if many critical agents exist. Finally, I consider the optimal mechanism, where the monopolist can price discriminate based off of network position and price. In this case the monopolist can find the optimal flow of information and implement it.
Download or read book Smart Contracts written by Marcelo Corrales Compagnucci and published by Bloomsbury Publishing. This book was released on 2021-05-06 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
Download or read book Fiber Optic Telecommunications Networks written by James Booth and published by . This book was released on 2019-07-21 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiber Optic Telecommunications Networks: The three books on this series offer comprehensive contract resources for all who work in construction, network development, and sales in the telecommunications industry. If contracting in the telecommunications industry is important to you, you will find these publications invaluable. The forms were created with a view to the positions of the both the vendors and the customers, and compiled by a telecommunications professional with 30 years of experience in the telecommunications industry. The author offers commentary and numerous explanations of the alternate clauses and positions.
Download or read book Contractual Management written by Ralph Schuhmann and published by Springer Nature. This book was released on 2019-10-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Download or read book Contract Theory Framework for Wireless Networking written by Yanru Zhang and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rapid development of the modern communication networks, the problem we need to solve is no longer a pure engineering issue. In various heterogeneous network scenarios, there are service providers in need of performing economic analysis on how to ensure third parties' cooperation or attract end-users. In the other way round, third parties or end-users need to evaluate the economic benefits of cooperating or using the services from different service providers. Overall, the current wireless networks are facing a problem in which there is a tight coupling of industry-specific technologies and non-technology related network externality. Contract theory, the 2014 Nobel Prize of economic science, has been widely used in industries, from banking to telecommunications. Particularly, contract theory is an efficient tool in dealing with asymmetric information between employer/seller(s) and employee/buyer(s) by introducing cooperation. In wireless networks, the employer/seller(s) and employee/buyer(s) can be of different roles depending on the scenario under consideration. Thus, there is a great potential to utilize the ideas, methods, and models of contract theory to design efficient wireless network mechanisms. Given this background, this dissertation provides a theoretical research between wireless communications, networking, and economics. Especially, different contract theory models have been applied in various wireless networks scenarios. The main contribution of this dissertation are as follows. An overview of basic concepts, classifications, and models of contract theory is provided. Furthermore, comparisons with existing economics methods in wireless networks are conducted. Applications of contract theory for wireless networks are studied. Specially, three contract theory problems: adverse selection, moral hazard, and a mixed of the two, are applied into device-to-device (D2D) communication, mobile crowdsourcing, cognitive radio network, respectively. Numerical results are provided to show that contract theory can be utilized for developing effective mechanisms for emerging wireless network scenarios such as traffic offloading, mobile crowdsourcing, as well as spectrum trading. The potential and challenges of contract theory as a tool for designing mechanisms in future wireless networks are discussed. This dissertation provides a theoretical research between wireless communications, networking, and economics, in which different contract theory models have been applied in various wireless networks scenarios. This work places a fundamental research on network economics, especially with the framework of contract theory. This research has the potential to contribute to the future of wireless networks network economics area, and have a long term effect on problems such as incentive mechanism and pricing schemes design, resource sharing and trading.
Download or read book Parliamentary Record written by Lithuania. Seimas and published by . This book was released on 1996 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hands On Smart Contract Development with Solidity and Ethereum written by Kevin Solorio and published by O'Reilly Media. This book was released on 2019-11-25 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ready to dive into smart contract development for the blockchain? With this practical guide, experienced engineers and beginners alike will quickly learn the entire process for building smart contracts for Ethereum—the open source blockchain-based distributed computing platform. You’llget up to speed with the fundamentals and quickly move into builder mode. Kevin Solorio, Randall Kanna, and Dave Hoover show you how to create and test your own smart contract, create a frontend for users to interact with, and more. It’s the perfect resource for people who want to break into the smart contract field but don’t know where to start. In four parts, this book helps you: Explore smart contract fundamentals, including the Ethereum protocol, Solidity programming language, and the Ethereum Virtual Machine Dive into smart contract development using Solidity and gain experience with Truffle framework tools for deploying and testing your contracts Use Web3 to connect your smart contracts to an applicationso users can easily interact with the blockchain Examine smart contract security along with free online resources for smart contract security auditing
Download or read book Contracts written by Richard Stim and published by Nolo. This book was released on 2021-09-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence." Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements.
Download or read book Advanced Microeconomics for Contract Institutional and Organizational Economics written by W. Bentley MacLeod and published by MIT Press. This book was released on 2022-04-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A graduate textbook on microeconomics, covering decision theory, game theory, and the foundations of contract theory, with a unique focus on the empirical. This graduate-level text on microeconomics, covering such topics as decision theory, game theory, bargaining theory, contract theory, trade under asymmetric information, and relational contract theory, is unique in its emphasis on the interplay between theory and evidence. It reviews the microeconomic theory of exchange “from the ground up,” aiming to produce a set of models and hypotheses amenable to empirical exploration, with particular focus on models that are useful for the study of contracts, institutions, and organizations. It explores research that extends price theory to the exchange of commodities when markets are incomplete, discussing recent developments in the field. Topics covered include the relationship between theory and evidence; decision theory as it is used in contract theory and institutional design; game theory; axiomatic and strategic bargaining theory; agency theory and the class of models that are considered to constitute contract theory, with discussions of moral hazard and trade with asymmetric information; and the theory of relational contracts. The final chapter offers a nontechnical review that provides a guide to which model is the most appropriate for a particular application. End-of-chapter exercises help students expand their understanding of the material, and an appendix provides brief introduction to optimization theory and the welfare theorem of general equilibrium theory. Students are assumed to be familiar with general equilibrium theory and basic constrained optimization theory.
Download or read book Distributed Agreement in Partially Connected Networks written by Stephen Philip Michael Bertoldi and published by . This book was released on 1999 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
