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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This forward-thinking Research Agenda provides actionable solutions for maintaining the domestic and worldwide commercial relevance of English contract law. It divides barriers faced by the law into three key areas of concern: risk, sustainability and vulnerability.Leading experts highlight the crucial role English contract law plays in governing international transactions and emphasise the need for adaptability in order to preserve societal values while enacting commercially efficient strategies. They reframe global challenges to break down traditional categorisations and siloed thinking to establish new ways of finding effective solutions. The chapters examine the links between insurance contracts, responsibilities and risk, digital transformations and the shift from economic efficiency to eco-efficiency, proposing innovative solutions for future-proofing English contract law.A Research Agenda for Contract Law is an essential resource for scholars and students of commercial law and contract law. Legal practitioners will also benefit from its novel insights and recommendations for future practice.
Edited by Severine Saintier, Professor of Commercial Law, Law School, University of Exeter, Maggie Hemsworth, Associate Professor, Law School, University of Exeter and Timothy J. Dodsworth, Associate Professor, School of Law, University of Reading, UK
Contents1 A research agenda for contract law: Introduction 1Timothy Dodsworth, Maggie Hemsworth and Severine SaintierPART I RISK2 The importance of knowing what an insurance contract is 26Peter MacDonald Eggers KC3 Digital transformation in insurance: the contract-as-productapproach to overcoming information overload 50Margarida Lima Rego4 The future of contract and the allocation of responsibilityand risk 75Gerard McMeel KCPART II SUSTAINABILITY5 The future of commercial law reforms: Paradigm shift fromeconomic efficiency to eco-efficiency 113Muriel Renaudin6 Sustainable circular economy and contract law: impacts,gaps and opportunities 134Katrien Steenmans7 Disrupting anthropocentric supply chains to recentrenature 157Ursula Davis, Lucy McCarthy, Anne Touboulic and Errolinda WardPART III VULNERABILITY8 Private contracts and public problems: Understanding thefuture of contracting through resilient property theory 175Marc L. Roark9 Equity, consumers and secret commissions: The developinglaw 190Derek Whayman10 Negligent misstatement, antifragility, and the state 212Richard Mullender
‘The editors and authors have produced an innovative and ambitious volume on the future of the law of contract. Using the organising themes of risk, sustainability, and vulnerability, they provide an analysis which cuts across conventional doctrinal categories, illuminating the challenges posed for the law, and the possible responses to them.’