This collection of essays assesses how contract laws throughout the Asia-Pacific region are facing challenges and transforming in response to the digital world.
Certainly, the Asia-Pacific is a truly diverse region, but this book establishes the common grounds across jurisdictions, in terms of contract laws and the challenges posed by the digital world. Looking at contract law more generally - formation, terms and mitigating factors - in jurisdictions such as Australia, Malaysia, Japan, and Bangladesh, it offers rigorous doctrinal analysis of the laws in the region. Recognised experts share key insights which will influence the future of private law in the area.
Inhaltsverzeichnis
Part A: Contract Law, Generally
1. Introduction, Ying Khai Liew (University of Melbourne, Australia) and Lusina Ho (The University of Hong Kong)
2. Of Technological Innovations, Algorithms and their 'Challenges' to Hong Kong Contractual Norms, Alexander Loke (City University of Hong Kong)
3. The Influence of the Digital World on Traditional Contract Law in Bangladesh, Omar H Khan (Legal Counsel, Bangladesh)
4. The Legal Status of E-Contracts and E-Commerce in Indonesia, Gary F Bell (National University of Singapore)
5. The New Law on E-Transactions in Vietnam and Its Impact on Traditional Contract Doctrine, Nguyen Hung Quang and Nguyen Thuy Duong (both from NHQuang&Associates, Vietnam)
6. The Impact of Online Platform Transactions on Contract Theories in South Korea, Ying-Chieh Wu (Seoul National University, South Korea)
Part B: Formation
7. Automated Contracting and the Minimalisation of Contract Formation: Perspectives on the Law of Macau, Célia F Matias (University of Macau, China)
8. Thai Contract Law in the Digital Era, Munin Pongsapan (Thammasat University, Thailand)
9. Contract Law in the Digital Era in Singapore: Navigating Familiar Ways and Forging Fresh Paths in a New World, Kwan Ho Lau and How Khang Lim (both from Singapore Management University)
10. The Evolving Nature of Consent: Juxtaposing Contract Law and Data Privacy in India for Social Media Contracts, Jhalak M Kakkar , Shashank Mohan and Tejaswita Kharel (all from the National Law University Delhi)
11. Acceptance of Offer in E-commerce - the Sri Lankan Experience, Justice Janak De Silva (Supreme Court, Sri Lanka)
12. The Digital World and Contract Formation Laws: Lessons Learned from the Amendment to the Electronic Signatures Act in Taiwan, Alex Yueh-Ping Yang (National Taiwan University)
Part C: Terms and Vitiating Factors
13. The Impact of Digital Technology on Chinese Contract Law, Andrew Godwin (University of Melbourne, Australia)
14. The Horizontal Influence of AI Regulation on Contractual Risk Allocation and Limitation Clauses in Australia, Jeannie Paterson (University of Melbourne, Australia)
15. Manipulative Advertising and Vitiating Factors, Joshua Yuvaraj and Jodi Gardner (both from the University of Auckland, New Zealand)
16. Mistake in the Digital World in Malaysia, Joshua Teng (National University of Singapore)
Part D: Miscellaneous
17. Data Contracts and Civil Code in Japan, Megumi Hara (Chuo University, Japan)
18. The Status and Effect of Smart Contracts in Asia-Pacific Private International Law, Ying Khai Liew and Richard Garnett (both from University of Melbourne, Australia)
