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Research Handbook on Contract Design

Research Handbook on Contract Design

Author: Marcelo Corrales Compagnucci; Helena Haapio; Mark Fenwick
Publisher: Edward Elgar Publishing
ISBN: 9781839102271
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional.

This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Research Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems.

Providing an up-to-date analysis of current trends in contract design thinking and practice, this Research Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

Preface xii

PART I. RETHINKING CONTRACTS: FROM DRAFTING TO DESIGN

The many layers and dimensions of contract design 2

Marcelo Corrales Compagnucci, Helena Haapio and Mark Fenwick

‘Contracts are just words’ 19

Tim Cummins

Reframing contract design: integrating business, legal, design, and technology perspectives 33

Thomas D Barton, Helena Haapio, Stefania Passera and James G Hazard

Designing contracts for human readers 55

Robert Waller

Functional or dysfunctional? The language of business contracts in English: an update 75

Christopher Williams

Contract transformation: merging drafting and design to meet the needs of human readers 92

Stefania Passera, Emily Allbon and Helena Haapio

PART II. WHY CONTRACT DESIGN MATTERS: RETHINKING THE BUSINESS AND LEGAL PURPOSE AND FUNCTIONS OF CONTRACTS

Rethinking legal requirements: a case study of incomprehensible consumer contracts in the United States 114

Wendy E Wagner

Contractual processualization: designing proactive contractual processes to support legal, technical and commercial purposes 134

René Franz Henschel

The functional contracting framework: assessing the impacts of contract functions, framing and regulatory focus 158

Anna Hurmerinta-Haanpää

10.

Genre blending and contract design 180

Tarja Salmi-Tolonen

11.

Contract design beyond the hype: measuring the value 199

Marie Potel-Saville and Mathilde François Da Rocha

PART III. DESIGNING BETTER CONTRACTS FOR BUSINESS AND LEGAL PURPOSES

12.

Contracts and the human factor – hidden fears and tears or mutual success? 221

Tuula Pere

13.

Prevention and promotion approaches to contracting: implications for negotiator focus and contract frames on exchange performance and relationships in the digital age 239

Beverly Rich, Libby Weber and Christopher W Bauman

14.

Contract simplification – a user-centered approach to contract structure design 258

Milva Finnegan

15.

Simple contracting for every step of collaboration/innovation 275

Deepika Jeyakodi and Mirjam E Ros

16.

Business contract design via Contract Management operationalized methodology 294

Suvi Hirvonen-Ere

PART IV. WHEN TEXT ALONE IS NOT ENOUGH: VISUAL CONTRACTS

17.