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Intermediaries in Commercial Law

Edited by: Paul S. Davies, Tan Cheng-Han

ISBN13: 9781509949090
Published: September 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00



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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.

Subjects:
Commercial Law
Contents:
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)