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Intermediaries in Commercial Law

Intermediaries in Commercial Law

Author: Paul S. Davies; Tan Cheng-Han
Publisher: Hart Publishing
ISBN: 9781509949137

Published In: March 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509949090

List Price: HKD 779.87

HKD 756.47 Save HKD 23.40 (3%)

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This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries.

Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries.

A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.

Preface

Contributors

Table of Cases

Table of Legislation

1. Introduction

Paul S Davies (University College London, UK) and Tan Cheng-Han (City University of Hong Kong)

2. The Fiduciary Status of Agents

Matthew Conaglen (University of Sydney, Australia)

3. Ministerial Acts

Rachel Leow (National University of Singapore)

4. Justifications for and Limitations on Interventions by Undisclosed Principals

William Day (University of Cambridge / 3 Verulam Buildings, UK)

5. Agency Theory Revisited and Practical Implications

Gerard McMeel QC (University of Reading, UK)

6. Platform Liability for Terrorist Activities

Ying Hu (National University of Singapore)

7. How Intermediaries Entrench Google's Position in the Advertising Display Market

Roger Alford (University of Notre Dame, USA)

8. The Platform as Agent

Deborah A DeMott (Duke University, USA)

9. Online Intermediary Platforms and English Contract Law

Christian Twigg-Flesner (University of Warwick, UK)

10. Agency, Artificial Intelligence and Algorithmic Agreements

Tan Cheng-Han (City University of Hong Kong)

11. Client-Intermediary Relations in the Crypto-Asset World

Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong)

12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests

Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK)

13. The Partner's Fiduciary and Good Faith Duties: More than Just an Agent?

Laura Macgregor (University of Edinburgh, UK)

14. Debt Collection and Assignment of Debts: Navigating the Legal Maze

Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University)

15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute

Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore)

16. Adjudicating Intermediary-Related Losses

Hans Tjio (National University of Singapore)

17. Intermediaries as 'Gatekeepers' in International and Domestic Regulation

Alexander Loke (City University of Hong Kong)

18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power

Sarah Paterson (London School of Economics and Political Science, UK)

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