Legal Informatics 2021
DOI: 10.1017/9781316529683.018
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Contracts as Interfaces

Abstract: While contracts can serve as a means to sanction breach and provide a winning argument in court, we believe that they should not be seen "primarily as a source of trouble and disputation". 2 This is a fundamental premise of the work of Louis M. Brown (1950, 3), known as the Father of Preventive Law. While in curative law it is essential for lawyers to predict what a court will do, in Preventive Law it is essential to predict what people will do. People are the focus of this chapter: those in charge of plann… Show more

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Cited by 9 publications
(3 citation statements)
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“…Contracts are crucial to all trading relationships (Cummins 2015), so it may be unsurprising that the contract-management approach stems from the same source as several other approaches and expresses similar views, having roots in, inter alia , the preventive-law approach, the proactive-law approach and relational contracting theory. These accord importance to such facets of the relationship as understanding the balance of the relationship between the parties to long-term contracts (Nystén-Haarala 1998), basing contracts on the proactive-law approach and understanding them as business instruments first and foremost (Haapio 2013), regarding contracts as part of trading relationships – as managerial instruments (Cummins 2015; Haapio 2013; Keskitalo 2000) and strategic tools rather than weapons to threaten (Cummins 2015) – and functional contracting wherein functions other than the safeguarding one (such as relationships) become important (Hurmerinta-Haanpää 2021; Hurmerinta and Viding 2018; Nuottila, Kauppila and Nystén-Haarala 2016).…”
Section: Theoretical Underpinningsmentioning
confidence: 99%
See 1 more Smart Citation
“…Contracts are crucial to all trading relationships (Cummins 2015), so it may be unsurprising that the contract-management approach stems from the same source as several other approaches and expresses similar views, having roots in, inter alia , the preventive-law approach, the proactive-law approach and relational contracting theory. These accord importance to such facets of the relationship as understanding the balance of the relationship between the parties to long-term contracts (Nystén-Haarala 1998), basing contracts on the proactive-law approach and understanding them as business instruments first and foremost (Haapio 2013), regarding contracts as part of trading relationships – as managerial instruments (Cummins 2015; Haapio 2013; Keskitalo 2000) and strategic tools rather than weapons to threaten (Cummins 2015) – and functional contracting wherein functions other than the safeguarding one (such as relationships) become important (Hurmerinta-Haanpää 2021; Hurmerinta and Viding 2018; Nuottila, Kauppila and Nystén-Haarala 2016).…”
Section: Theoretical Underpinningsmentioning
confidence: 99%
“…A comprehensive theoretical approach has not yet developed, while business practice meanwhile has surged ahead (Schuhmann and Eichhorn 2015). Scholarly interest in contract management is growing, though, and the subject, alongside tangential elements, has received at least some mention at the academic-dissertation level, in which the focus is on the associated liability, mainly from a risk-management perspective (Keskitalo 2000), on contract design and the visualization point of view (Haapio 2013), on functional contracting (Hurmerinta-Haanpää 2021), on simplification and user-centred design approaches (Finnegan 2021), and on a holistic mode of operation for contract management (Hirvonen-Ere 2021). The sustainability implications of contract management may be an interesting area for novel work (Dubey, Chavas and Veeramani 2018; Gatari, Shale and Osoro 2022; Hirvonen-Ere 2019; Zhao, Pan and Song 2018).…”
Section: Introductionmentioning
confidence: 99%
“…A table of specific patterns for contact design is appended to the end of the article (Waller et al 2016: 62. See further Haapio and Hagan 2016).…”
Section: Enhancing the Quality And Impact Of Legal Designmentioning
confidence: 99%