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Intermediaries in commercial law / [edited by] Paul S Davies and Tan Cheng-Han.

Contributor(s): Material type: TextTextPublisher: London [England] : Hart Publishing, 2022Distributor: [London, England] : Bloomsbury Publishing, 2022Edition: First editionDescription: 1 online resource (608 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509949120
  • 9781509949106
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 341.75 23
LOC classification:
  • K1021 .I55 2022eb
Online resources:
Contents:
1. Intermediaries as Gatekeepers Alex Loke (City University of Hong Kong) -- 2. Liability for Tortious Acts by Intermediaries Tan Cheng-Han (City University of Hon g Kong) -- 3. The Principle in Hampshire Land Charles Mitchell (University College London, UK) -- 4. The Proprietary Nature of Interests in Intermediary-Held Assets Magda Raczysnka (University College London, UK) -- 5. Injunctive Relief Against Intermediaries Paul S Davies (University College London, UK) -- 6. The End of Institutional Shareholder Engagement? Marc Moore (University College London, UK) -- 7. Are Firms That Use Platform Models "Sellers" for Products-Liability Purposes When They Intermediate the Sale of Goods Furnished by Third-Party Vendors? Deborah DeMott (Duke University, USA) -- 8. Website Intermediaries and Infringement of IP Rights Graeme Dinwoodie (Chicago-Kent College of Law, USA) -- 9. How Intermediaries Are Used to Enforce Anticompetitive Cartels in the Real Estate Brokerage Market Roger Alford (University of Notre Dame, USA) -- 10. Partners as Intermediaries Laura Macgregor (University of Edinburgh, UK) -- 11. Ministerial Agents Rachel Leow (National University of Singapore) -- 12. The Burden of Proof in Adjudicating Intermediary Created Losses Hans Tjio (National University of Singapore) -- 13. Insolvency and Intermediaries Wee Meng Seng (National University of Singapore) -- 14. The Role of the Intermediary in the Age of the Debtor-in-Possession Sarah Paterson (London School of Economics and Political Science, UK) -- 15. Exercise of Discretionary Powers by Intermediaries Sarah Worthington (University of Cambridge, UK) -- 16. The Risks of Intermediation to Third Parties and the Role of Good Faith Purchase Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) -- 17. Are All Agents Fiduciaries? Matthew Conaglen (University of Sydney, Australia) -- 18. Regulating Online Intermediary Platforms: Contracts, Networks, or Something Else? Christian Twigg-Flesner (University of Warwick, UK) -- 19. Operationalising the Duty of Care on Financial Advisers as Intermediaries to Individuals and Households Andrew Godwin (University of Melbourne, Australia) and Wai Yee Wan (City U niversity of Hon g Kong) -- 20. Debt Collection and Assignment of Contracts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) -- 21. The Unhappy Centenary of Said v Butt Will Day (University of Cambridge / 3 Verulam Buildings, UK ) -- 22. Risk, Wrong and Unjust Enrichment from Third Party Intermediaries Matt Harrington (University of Montreal, Canada) -- 23. Platform Liability for User Misconduct Ying Hu (National University of Singapore) -- 24. Responsibilisation of Intermediaries in Online Environments Michael Veale (University College London, UK) -- 25. Agency: Philosophical Foundations Revisited and Practical Implications Gerard McMeel QC (University of Reading, UK)
Summary: "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."-- Provided by publisher.
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1. Intermediaries as Gatekeepers Alex Loke (City University of Hong Kong) -- 2. Liability for Tortious Acts by Intermediaries Tan Cheng-Han (City University of Hon g Kong) -- 3. The Principle in Hampshire Land Charles Mitchell (University College London, UK) -- 4. The Proprietary Nature of Interests in Intermediary-Held Assets Magda Raczysnka (University College London, UK) -- 5. Injunctive Relief Against Intermediaries Paul S Davies (University College London, UK) -- 6. The End of Institutional Shareholder Engagement? Marc Moore (University College London, UK) -- 7. Are Firms That Use Platform Models "Sellers" for Products-Liability Purposes When They Intermediate the Sale of Goods Furnished by Third-Party Vendors? Deborah DeMott (Duke University, USA) -- 8. Website Intermediaries and Infringement of IP Rights Graeme Dinwoodie (Chicago-Kent College of Law, USA) -- 9. How Intermediaries Are Used to Enforce Anticompetitive Cartels in the Real Estate Brokerage Market Roger Alford (University of Notre Dame, USA) -- 10. Partners as Intermediaries Laura Macgregor (University of Edinburgh, UK) -- 11. Ministerial Agents Rachel Leow (National University of Singapore) -- 12. The Burden of Proof in Adjudicating Intermediary Created Losses Hans Tjio (National University of Singapore) -- 13. Insolvency and Intermediaries Wee Meng Seng (National University of Singapore) -- 14. The Role of the Intermediary in the Age of the Debtor-in-Possession Sarah Paterson (London School of Economics and Political Science, UK) -- 15. Exercise of Discretionary Powers by Intermediaries Sarah Worthington (University of Cambridge, UK) -- 16. The Risks of Intermediation to Third Parties and the Role of Good Faith Purchase Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) -- 17. Are All Agents Fiduciaries? Matthew Conaglen (University of Sydney, Australia) -- 18. Regulating Online Intermediary Platforms: Contracts, Networks, or Something Else? Christian Twigg-Flesner (University of Warwick, UK) -- 19. Operationalising the Duty of Care on Financial Advisers as Intermediaries to Individuals and Households Andrew Godwin (University of Melbourne, Australia) and Wai Yee Wan (City U niversity of Hon g Kong) -- 20. Debt Collection and Assignment of Contracts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) -- 21. The Unhappy Centenary of Said v Butt Will Day (University of Cambridge / 3 Verulam Buildings, UK ) -- 22. Risk, Wrong and Unjust Enrichment from Third Party Intermediaries Matt Harrington (University of Montreal, Canada) -- 23. Platform Liability for User Misconduct Ying Hu (National University of Singapore) -- 24. Responsibilisation of Intermediaries in Online Environments Michael Veale (University College London, UK) -- 25. Agency: Philosophical Foundations Revisited and Practical Implications Gerard McMeel QC (University of Reading, UK)

Abstract freely available; full-text restricted to individual document purchasers.

"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."-- Provided by publisher.

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