Intermediaries in Commercial Law

Paul S Davies, Tan Cheng-Han SC, Paul S Davies, Tan Cheng-Han, Tan Cheng-Han SC, Paul S Davies, Tan Cheng-Han

• Publisher: Hart Publishing
• Year: 2022
• Print ISBN: 9781509949137
• eBook ISBN: 9781509949106
• Edition: 1
• Topic: Law
• Subtopic: Contract Law
• Index: Law

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.

Table of contents

• Cover
• Title Page
• Preface
• Contents
• List of Contributors
• 1. Introduction
• 2. The Fiduciary Status of Agents
• 3. Ministerial Acts
• 4. Justifications for and Limitations on Interventions by Undisclosed Principals
• 5. Agency Theory Revisited and Practical Implications
• 6. Platform Liability for Terrorist Activities
• 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market
• 8. The Platform as Agent
• 9. Online Intermediary Platforms and English Contract Law
• 10. Agency, Artificial Intelligence and Algorithmic Agreements
• 11. Client-Intermediary Relations in the Crypto-Asset World
• 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests
• 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent?
• 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze
• 15. Financial Wellbeing – The Missing Link in Financial Advice under Private Law and Statute
• 16. Adjudicating Intermediary-Related Losses
• 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation
• 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power
• Index
• Copyright Page