Contract Research Articles

Exploring care of persons with dementia and significant violence risk in Victoria: A Delphi study.

Significant violence associated with dementia is uncommon, though care for these people is an important issue. This group is heterogeneous and encompasses people with no forensic history to those living in forensic and custodial settings. It is expected that over the next 40 years, the Australian population aged over 65 years will double, and persons over 85 years will increase threefold. This ageing population will likely mean increased persons living with dementia who may enact significant violence and place increased pressure on services to provide care. To date, there is no research on their specific care needs in Victoria. This study aimed to explore the current service landscape for persons with dementia and significant violence risk in Victoria through a small group of medical practitioners with expertise in dementia, psychiatry of old age, and forensic psychiatry. A modified Policy Delphi study was used to interview 12 medical practitioners with backgrounds including Forensic Psychiatry, Psychiatry of Old Age, General Practice, and Geriatric Medicine. The research identified five key recommendations to enhance service provision for this population in Victoria, including recommendations for specific care pathways, service agreements, physical environment considerations, educational needs, and consideration of a specialised service.

Automating Legal Compliance and Contract Management: Advances in Data Analytics for Risk Assessment, Regulatory Adherence, and Negotiation Optimization

The integration of data analytics into legal compliance and contract management is transforming traditional processes by automating risk assessments, enhancing regulatory adherence, and optimizing negotiations. This paper reviews state-of-the-art applications of advanced analytics, focusing on technologies such as predictive analytics, machine learning, and natural language processing (NLP). These tools enable organizations to streamline contract drafting, detect compliance risks in real-time, and derive actionable insights to enhance negotiation strategies. The proposed framework leverages predictive analytics to identify potential regulatory and contractual risks before they materialize, reducing legal exposure and operational inefficiencies. Machine learning models are employed to analyze historical data, detect anomalies, and provide evidence-based recommendations for compliance measures. NLP further enhances contract management by automating the review, interpretation, and redlining of legal documents, thus minimizing human error and increasing process efficiency. Key attributes of this framework include scalability and cross-sector applicability, allowing organizations in industries ranging from finance to manufacturing to adapt these technologies to their specific needs. By automating routine tasks and providing advanced analytical capabilities, this approach frees legal teams to focus on strategic decision-making and complex problem-solving. The paper also addresses ethical considerations in adopting these technologies, including concerns about data privacy, algorithmic transparency, and potential biases in automated decision-making. It emphasizes the importance of designing systems that ensure fairness, accountability, and compliance with ethical and legal standards. In conclusion, automating legal compliance and contract management through data analytics offers significant benefits, including enhanced efficiency, reduced risk, and improved negotiation outcomes. By incorporating cutting-edge technologies into legal workflows, organizations can achieve greater operational resilience and adaptability in an increasingly complex regulatory landscape. This research highlights the potential of data-driven solutions to revolutionize legal practices and establishes a foundation for future innovation in this critical domain.

Legal Rights and Contracts in Esports

Esports has become popular sports branch by the younger generation in recent years, which is played by playing computer games as a team or individually by bringing people from all over the world together via the internet. In this professional sports branch, contracts are made between teams and athletes to keep the promises made in a legal sense. As a result of this professionalism in esports, a branch of esports law has emerged within the scope of sports law to prevent the deprivation of rights in the contracts signed between athletes and teams. The main problem is that there is no special law or a well-established contract model in Turkey regarding the legal dimension of these contracts made between athletes and teams practicing the esports branch and the rights and obligations of athletes and teams. Examples are given from the elements of the contracts signed between the athletes and teams in the esports branch of India and the special provisions of France's contracts and legal provisions related to the esports branch. In this study, the definition of the esports branch, esports law, and the basic elements that should be in esports contracts are mentioned and important suggestions are made by mentioning the elements such as penal procedures, working hours, sponsorship situations, and termination procedures that should be included in the contracts to prevent the athletes from being victimized in the contracts they sign, and it is aimed to contribute to the esports law literature.

The impact of Artificial Intelligence on legal practice: enhancing legal research, contract analysis, and predictive justice

The impact of Artificial Intelligence on legal practice: enhancing legal research, contract analysis, and predictive justice

The Concept of Taghyir in Al-Bazdawi’s Usul al-Fiqh and Its Relevance to Contract Law in the Compilation of Islamic Economic Law in Indonesia

Although the Compilation of Islamic Economic Law (KHES) is officially recognized and has become a legal code in Indonesia, its flexibility in adapting to the changing times is still being questioned. Al-Bazdawī (d. 482 AH), a scholar of the Hanafi School, offers the concept of taghyīr, which is relevant for maintaining the flexibility of uṣūl al-fiqh (principles of Islamic jurisprudence), including what is found in KHES. This research aims to understand the concept of taghyīr according to al-Bazdawī’s uṣūl al-fiqh, its relevance to the contract law in KHES, and the implementation of the taghyīr concept in the context of Islamic economic law in Indonesia. This study is a theoretical legal research focused on doctrine and the qanun in KHES, using the methodology of uṣūl al-fiqh. The primary sources are al-Bazdawī’s uṣūl al-fiqh works, as well as KHES and several previous studies. Data is collected through document studies and analyzed prescriptively. The results of this study conclude that the concept of taghyir according to al-Bazdawī’s uṣūl al-fiqh refers to the adaptation of uṣūl al-fiqh to meet evolving social demands without compromising its fundamental principles. Its relevance to KHES is very strong, as KHES is a contemporary ijtihad that applies taghyīr in modern Islamic economics, emphasizing legal reform, flexibility, maṣlaḥah, adaptation to the times, and the use of ʿurf and change in contracts. The implementation of taghyīr al-Bazdawī in Islamic economic law in Indonesia includes: 1) developing modern Islamic financial products, such as fintech; 2) regulating various contracts while maintaining Shariah principles issued by the government; 3) and integrating approaches from various disciplines, such as economics, sociology, and law, to create comprehensive and effective solutions in the field of Islamic economics. These three aspects inherently involve efforts to apply conditions and exceptions as intended by taghyīr al-Bazdawī.

Comparative Study of Sales Contracts in Law

This study aims to analyze the differences between Islamic Law (Sharia) and Civil Law in the application of sales contracts, as well as the practical implementation of both legal systems in daily transactions. Islamic Law emphasizes moral and ethical aspects by ensuring transactions are free from prohibited elements such as riba, gharar, and maysir, while Civil Law focuses more on legality and the freedom of contract. This research employs a descriptive qualitative method with a normative juridical approach, examining legal provisions and the practice of sales contracts based on data from primary, secondary, and tertiary sources. The findings show that the rules and conditions of sales contracts in Islamic Law are stricter, prioritizing compliance with Islamic principles, while Civil Law is more flexible in agreements between parties. The application of contracts such as murabaha, salam, and istisna in Islamic finance institutions reflects a commitment to moral principles, whereas sales contracts in Civil Law are more common in markets and commercial activities. This study provides recommendations for harmonizing both legal systems to create transactions that are fair and in accordance with the social values upheld by society.

Interpreting Contracts: The Importance of Language Precision

Contracts are integral to modern economic and social systems, providing a structured framework for agreements. However, disputes often arise from ambiguous or imprecise language, necessitating robust principles of interpretation in contract law. This paper examines the critical role of language precision in drafting and interpreting contracts, addressing key concepts such as clarity, ambiguity, and contextual meaning. Through analysis of legal theories, case studies, and practical tools, the paper underscores the implications of precise drafting on reducing litigation risks and fostering equitable enforcement. It also examines emerging trends, including the integration of AI and data analytics to enhance contract clarity, positioning these advancements as transformative for future legal practice. Keywords: Contract interpretation, language precision, ambiguity, legal drafting, litigation risk.

PactPal: GPT-Driven Legal Contract System

Whenever an ordinary person is called upon to draft a contract for the first time they may be perplexed. In this regard, we have taken advantage of ChatGPTs ability to consider the particulars of the situations that its clients are in to be able to give them information and advice on the law and to assist laypeople in creating their contracts. This paper presents the design and implementation of the PactPal system, a generation and legal contract management tool based on ChatGPT. Through the incorporation of artificial intelligence, the system presents an enhanced approach to contract generation whereby legal contracts that fulfill the needs of the user can be developed in a short time. We created both medium and high-fidelity prototypes; we improved the user interface, contract generation, and customization options step by step. Based on the user testing, it was found that PactPal enhances the drafting of contracts, minimizes the occurrence of errors in the process, and is a smart tool for legal contract management in the future.

Planetary environing: The return of boundaries as a category in global environmental governance

Global Environmental Governance (GEG) has been a growing phenomenon since the middle of the 20th century, although the concept itself and its acronym are more recent and were in fact rarely used before 2000. The early interest in GEG was much preoccupied with environmental diplomacy and international legal agreements from the Stockholm UN conference 1972 onwards. The addition of the ‘global’ reflected the general rise in awareness of the significance of globalization since the 1980s. The further growth, and the transformation of GEG, in earnest since the Millennium has been increasingly marked by yet another category, ‘the planetary’, mirroring the increasing influence of Earth System Science on environmental and climate discourse. This has affected both GEG and ‘the environment’ itself. The conceptual shifts, including the rising interest in the Anthropocene, reflected profound changes in the human-Earth relationship. To analyze these shifts, which is the aim of this paper, I will use the ‘Planetary Boundaries’-concept, launched in a highly cited paper in the journal Nature in 2009 and further developed in later publications, seminally in 2015 and 2023. I will consider the PB-concept, and versions of the often shown diagram that accompanied it, as both a case of ‘planetary modelling’ and, at the same time an ‘environing technology’ that is performative and shapes what the environment ‘is’ while modelling it. I also emphasize that the PB-model has led a ‘social life’, which has defined its continued evolution as a key agency in the formation of an Anthropocene Weltanschauung, with normative properties. I posit that the model helped shape the shift towards the epistemic and temporal ‘environment’ that has become mainstreamed in the UN Sustainable Development Goals and other goal setting projects.

Questioning the ‘Safe Deposit Locker Services’ of Class-A Banks Vis-à-vis the International Jurisprudence on Contracts and Consumerism

The service of safe deposit lockers, as provided by the Banks, are sought for the purpose of safekeeping of the articles deposited. Such service creates a risk on the part of the Banks regarding any loss or damage of the articles stored. Therefore, for the purpose of risk aversion, the Banks themselves classify the nature of the Locker Service Agreements (LSAs) and include clauses therein which limit the Bank's liabilities in violation of the jurisprudence on law of contract and consumerism. The article therefore analyses the contractual relationship arising from the LSAs and the usage of the clauses therein by taking into account consumer welfare. For the ease of understanding, the article, based on the Bank's own classification, classifies the LSAs drafted by all twenty Nepalese Class-A Banks into four types: (a) contract of lease; (b) contract of license; (c) LSAs that do not expressly classify themselves; and (d) contract of bailment. The article deals with the concept of lease, license, and bailment, and determines the valid nature of the LSAs. The article also criticizes the loopholes and contradictory clauses used by the Banks in their LSAs. Taking into account the burden of proof on the customer-plaintiff, during an event of loss or damage to the deposited article, the article also suggests important changes with regards to the practice surrounding locker services. The article makes large reference to the jurisprudence developed in India, the U.K., and the U.S.A.

The impact of research funding on academic outputs: Evidence from the personnel data in China

This paper is one of the first attempts that analyse the ­effectiveness of national research funding based on personnel data in ­developing countries. We employ the personnel data from 1998 to 2015 in the field of economics and management of a prestigious Chinese ­university to study the effect of receiving national research funding on the quantity and quality of subsequent academic research. We find that receiving funding can indeed improve the quantity and quality of publications. However, although an increase in the amount of funding can improve the quantity of publications, it does not have a statistically significant effect on the research quality. These results are mostly consistent with the goal-setting ­mechanism, as the amount of funding is usually positively ­correlated with the expected number of research outputs specified in the application file as a binding contract. We also find that national funding can help researchers find more suitable co-authors and publish more co-authored works, even after the funding period ends, thus generating a long-term collaboration effect.

Analyzing IFRS 7 requirements for disclosure of information about financial risks in financial statements and analysis of disclosure practices. Part 2

Subject. The article considers the practice of disclosing information about financial risks in the annual consolidated financial statements of the largest companies in the world and Russia, in terms of capitalization. Objectives. The aim is to disclose information on types of financial instruments that have a significant impact on the financial activities of the organization; to reflect the nature and extent of risks faced by organization when operating in the financial market, and the impact of financial instruments on these risks. Methods. The methodological basis of the study rests on the institutional theory of contracts, the Conceptual Framework for Financial Reporting that for the first time recognized the need to reflect contractual rights and obligations in reporting as an object of accounting and analysis, which became the theoretical basis for generating information about reporting of derivatives in financial statements when analyzing risks and minimizing them when using derivatives. Results. We assumed that to sufficiently and adequately meet the requirements of IFRS 7 in terms of disclosure of information about risks inherent in a business, heads of any organization should carry out a number of events outlined in the article. Conclusions. The analysis of financial risks, their nature, and the degree of influence on the financial position of the reporting organization can significantly increase the transparency of financial statements for external stakeholders, strengthen their trust in the management of the organization and, as a result, contributes to making more balanced and responsible investment decisions.

Using Generative Artificial Intelligence in a Contract Simulation to Promote Student Learning in Business Law

AbstractExperiential learning plays an important role in teaching business law. This paper builds upon prior research regarding the use of experiential learning activities to teach contract law, by adding the use of generative artificial intelligence to a contract simulation activity. As part of a multi‐week, in‐class simulation, students used generative artificial intelligence to generate contract language and applied the principles learned in an undergraduate business law course to critically evaluate and revise contract terms with instructor guidance. Students perceived that this experiential learning exercise effectively promoted student engagement, critical thinking skills, and learning about contract law and generative artificial intelligence.

Arbitration in Resolving Construction Cost Claim Disputes Due to Time Extensions: A Study of Contract Law in Indonesia

This research aims to analyze the resolution of construction cost claim disputes arising from time extensions, focusing on the arbitration mechanism. The findings indicate that delays in the completion of construction projects not only give rise to cost claim disputes but also necessitate a meticulous analysis of the causes of the delays and the responsibilities of the parties involved. In this regard, arbitration offers a more effective and efficient dispute resolution mechanism than litigation. The advantages of arbitration, including the speed of the process, confidentiality, expertise of arbitrators, procedural flexibility, and binding awards, make it a favourable option for the parties. Therefore, the parties must pay close attention to the arbitration clause in the construction contract. This clause must be formulated clearly and definitively, encompassing the types of construction cost claim disputes arising from time extensions, including claims for price adjustment, overhead costs, extension of performance bonds, material demurrage, and equipment idleness. In addition, the parties can also utilize the Binding Opinions of the BANI Arbitration Center as an instrument for dispute prevention and resolution. For information, Binding Opinions have binding legal force on the parties and are enforceable through the District Court. Thus, the Binding Opinions of the BANI Arbitration Center are beneficial as a dispute resolution instrument and contribute to the development of legal scholarship.

Preserving the Academic Mission Amid Radiologist Shortages and Financial Pressures.

Academic radiology practices are navigating unprecedented operational and financial challenges, including a growing radiologist shortage, escalating imaging volumes, and mounting financial pressures driven by rising salaries, increasing practice expenses, and declining reimbursements. To address these challenges, academic department leaders must prioritize securing enhanced hospital professional service agreements and renegotiating outpatient imaging agreements. These strategic initiatives are essential to sustaining academic missions and ensuring long-term success.

From liability gaps to liability overlaps: shared responsibilities and fiduciary duties in AI and other complex technologies

AbstractComplex technologies such as Artificial Intelligence (AI) can cause harm, raising the question of who is liable for the harm caused. Research has identified multiple liability gaps (i.e., unsatisfactory outcomes when applying existing liability rules) in legal frameworks. In this paper, the concepts of shared responsibilities and fiduciary duties are explored as avenues to address liability gaps. The development, deployment and use of complex technologies are not clearly distinguishable stages, as often suggested, but are processes of cooperation and co-creation. At the intersections of these stages, shared responsibilities and fiduciary duties of multiple actors can be observed. Although none of the actors have complete control or a complete overview, many actors have some control or influence, and, therefore, responsibilities based on fault, prevention or benefit. Shared responsibilities and fiduciary duties can turn liability gaps into liability overlaps. These concepts could be implemented in tort and contract law by amending existing law (e.g., by assuming that all stakeholders are liable unless they can prove they did not owe a duty of care) and by creating more room for partial liability reflecting partial responsibilities (e.g., a responsibility to signal or identify an issue without a corresponding responsibility to solve that issue). This approach better aligns legal liabilities with responsibilities, increases legal certainty, and increases cooperation and understanding between actors, improving the quality and safety of technologies. However, it may not solve all liability gaps, may have chilling effects on innovation, and may require further detailing through case law.

Interactional Ordering: Reconstructing Lon Fuller’s Theory of Private Law

Abstract While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed the outlines of a robust theory of private law, best characterized as “interactional ordering.” Driven by Fuller’s efforts to develop a jurisprudence of form that was derived from conventionalism and natural law thinking, interactional ordering sees all normativity as originating in horizontal interactions between individuals in society, seeking to realize their freedom socially. This horizontal normativity forms the very substantive and structural basis for the common law as a mechanism of enforcement, and emerges as the principal end that all other forms of legal and social ordering are ultimately structured around. This Article reconstructs the central tenets of interactional ordering from Fuller’s work and shows how it represents a sophisticated account of how private law normativity operates, one that abjures commitments to both Legal Positivism and Legal Realism, a move that was central to Fuller’s overall jurisprudential worldview.

Lasso Quintile Regression Model to Identify the Variables Influencing the Phenomenon of Divorce in Iraqi Population Commutes

Identifying the important variables in building regression models is considered one of the fundamental challenges in constructing a good model. Therefore, selecting potential independent variables that have a direct impact on the dependent variable provides us with accurate explanations of the capabilities of our study model. Additionally, the chosen model should be capable of generalizing the phenomenon under study. And with a high predictive capability. There are classic methods used in selecting optimal variables, but these methods have drawbacks, including the need for a significant amount of time and the lack of accuracy in results due to dealing with a large number of regression models. However, recently, a set of variable selection methods has been proposed that focus on estimating model characteristics and selecting variables simultaneously, within a very short period of time. One of these methods is the Lasso method. To obtain a regression model characterized by a set of features compared to the traditional regression model, ridge regression can be used. To achieve variable selection in the ridge regression model, the Lasso method can be integrated to obtain a Lasso quantile regression model. In estimating and selecting the factors associated with a phenomenon that threatens Iraqi population communities, namely the phenomenon of divorce. The phenomenon of divorce is the process of separation between spouses and the final termination of the legal marriage contract. Divorce is a common social phenomenon in many cultures and societies around the world, posing challenges to individuals, families, and society as a whole.The causes of divorce can be diverse and complex. These reasons may include marital incompatibility, ongoing family conflicts, communication difficulties, marital infidelity, domestic violence, cultural and religious differences, financial problems, lack of social support, and other factors. The phenomenon of divorce affects all parties involved in the marital relationship. It can have psychological and emotional effects on spouses and children, if they have any, including anxiety, depression, sadness, anger, and feelings of disappointment. Children may struggle to adapt to family changes and may experience division and feelings of guilt or rejection. In current paper. We identify the important variables that effecting on phenomenon of divorce by using one of important variable selection approach

Legal Foundations in Business: Key Factors Influencing Modern Practices

The primary objective of this study is to explore how various legal factors influence business law in Canada. Although the involvement of businesses in facilitating legitimate legal changes remains limited, it has provided several insightful lessons. This research employed a quantitative approach to assess the impact of specific legal elements on the dynamics of business law within the region. For this purpose, the study considered four key legal dimensions as independent variables to analyze their effects on the overarching framework of business law, which serves as the dependent variable. These dimensions included employment law, contract law, company policies and regulations, and competition law. The research methodology involved distributing 115 surveys to participants, with a return of 102 completed forms. The data from these surveys were then analyzed using multiple regression analysis. The findings revealed that employment law, contract law, and competition law significantly and positively affect business law in Canada, indicating that these areas of legal practice are integral to shaping the business environment in the region.

Navigating the skies: Arbitration in aviation disputes

While the International Civil Aviation Organization (ICAO) Council is sometimes criticized for the potential influence of political agendas on its decisions, while the International Court of Justice (ICJ) is criticized for its limited jurisdiction and dependence on the party’s willingness to accept the ICJ’s jurisdiction, a crucial concern is raised over the efficiency of the current Dispute Resolution Mechanisms (DRM) for aviation industry related disputes. Unravelling the compelling inquiry that hangs in the air: Just how efficient is the current aviation arbitration legal system? Is the efficiency of this system available to ad hoc arbitration1 or arbitral tribunals2? The authors aim to analyze the existing legal guidance to navigate the complex arbitration system. This article sheds light on precedent cases by the ICAO Council and the ICJ studying challenges, such as the lack of efficiency of the ICAO Council and the criticism of the Council’s ineffectiveness for being hampered by the political interests of Member States. As well as the ICJ as it may be a more powerful authority in resolving such disputes, it also faces multiple challenges including the lack of enforcement, jurisdiction issues, and political influence, which in return makes it unlikely for dispute parties to seek the ICAO or the ICJ for resolution of their disputes, instead parties have now mostly adopted arbitration clauses as their primary dispute resolution method under Air Services Agreements (ASAs) and other aviation related agreements. While ad hoc arbitration has shown effectiveness and success, its secrecy and confidentiality might result in inconsistency and the inability to develop a case law system. The authors note the urgent need for an arbitration institution3 under the United Nations (UN) umbrella specialized in air law and aviation technology disputes, with the power to issue an enforceable, legally binding ruling. The article also examines the realm of arbitration in the aerospace industry, analyzing legal resources, current aviation arbitration systems, centres, and platforms, and further analyzing case studies to assess the results of the efficiency of each Dispute Resolution Mechanism.