CiNii Books - Research handbook on contract design

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 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 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.

Table of Contents

Contents: Preface xii PART I RETHINKING CONTRACTS: FROM DRAFTING TO DESIGN 1 The many layers and dimensions of contract design 2 Marcelo Corrales Compagnucci, Helena Haapio and Mark Fenwick 2 'Contracts are just words' 19 Tim Cummins 3 Reframing contract design: integrating business, legal, design, and technology perspectives 33 Thomas D Barton, Helena Haapio, Stefania Passera and James G Hazard 4 Designing contracts for human readers 55 Robert Waller 5 Functional or dysfunctional? The language of business contracts in English: an update 75 Christopher Williams 6 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 7 Rethinking legal requirements: a case study of incomprehensible consumer contracts in the United States 114 Wendy E Wagner 8 Contractual processualization: designing proactive contractual processes to support legal, technical and commercial purposes 134 Rene Franz Henschel 9 The functional contracting framework: assessing the impacts of contract functions, framing and regulatory focus 158 Anna Hurmerinta-Haanpaa 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 Francois 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 Facilitative contracts with visuals and comics: access to justice and steps for the future 315 Su-Hsien Lee and Camilla Baasch Andersen 18 Employment agreements in comic book form - what a difference cartoons make ... 329 Camilla Baasch Andersen and Robert de Rooy 19 Image analysis as a visualization tool - translating contracts into comics 347 Eliisa Pitkasalo, Anne Ketola, Vaula Haavisto and Laura Kalliomaa-Puha 20 Interpreting images in contracts 365 Vesa Annola, Helena Haapio and Merja Koskela PART V WHAT DOES THE FUTURE HOLD? DESIGNING FOR HUMANS AND MACHINES 21 Simplification and automation: the chicken and egg of contract design? 383 Verity White 22 Engineering consent: using technology to create informed consumers 401 Eliza Mik 23 Digital technology, future lawyers and the computable contract designer of tomorrow 421 Marcelo Corrales Compagnucci, Mark Fenwick and Helena Haapio Index 445

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Research handbook on contract design

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