Pseudo-Contract &amp; Shared Meaning Analysis

Kar, Robin Bradley; Radin, Margaret Jane

doi:10.2139/ssrn.3124018

Cited by 3 publications

(3 citation statements)

References 11 publications

(4 reference statements)

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“…In this grim scenario, it should be noted that courts often break down the narratives of digital platforms by applying a case-by-case approach, showing that the companies' claim to represent a paradigm shift is merely a self-serving means of dismantling systems of protection. More than a paradigm shift, we are dealing here with a paradigm slip (Kar and Radin 2018), whose purpose is to reduce the application of remedies and guarantees: the Foodora lawsuit demonstrates that new theoretical tools are needed for an informed discussion of how post-industrial systems of production can be reconciled with social guarantees, rights and the protection of the individual.…”

Section: Discussionmentioning

confidence: 99%

Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization

Quarta

2020

Global Jurist

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AbstractDigital platforms are the essential infrastructures of electronic commerce, online communication, and digital social relationships. They connect two interdependent groups of web users (parties offering goods, services, and digital content; and parties interested in accessing this supply) and enable their transactions. Moreover, they provide additional services such as online payment, collection of reviews and feedback, and internal instant messaging. However, the term “platform” can be misleading, since it seems to denote a virtual space or a technical tool without legal personality. In other words, platforms are masking corporations who hide behind them in order to avoid the legal responsibilities stemming from their status as social institutions. This exploits the dominant theory of the firm as a nexus of contracts and is intended to release the agents involved in the system of production from the restrictions that protect weaker parties in the age of industrial capitalism. Companies who organize production through platforms thus obtain both indirect and direct benefits. In particular, indirect benefits derive from making consumer law more complicated to apply by creating conditions that frustrate the traditional distinction between professionals and consumers. In fact, any user can provide services and sell or share their personal goods (e.g., cars, apartments, clothes, etc.) and other commodities through platforms. However, this does not mean that information asymmetries do not continue to exist, or that weaker parties do not need to be protected. This confusion benefits companies that enable these transactions, since online relationships are not burdened by informative duties. In this case, companies use the platform narrative to facilitate peer-to-peer transactions, where simple, ubiquitous exchanges yield advantages. In addition, platforms provide direct benefits by eliminating the hierarchical organization of their production system in order to adopt the least burdensome and most flexible forms of employment. Companies generally rely on ICT tools to show that the parties offering the service are independent and are not subject to their control. The platform narrative glosses over the labor exploitation issues generally referred to as “uberification”. In addressing the questions outlined in this introduction, the paper will be organized as follows. Part I will discuss how the platform economy is challenging consumer law by short-circuiting its legal grounds in ways that allow companies to benefit. Part II will focus on the direct effects of the platforms’ denial of hierarchical organization: starting from the Italian Supreme Court’s ruling in the Foodora lawsuit, we will explore emergent models for organizing the system of production and their impact on the main categories of private law.

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Section: Discussionmentioning

confidence: 99%

Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization

Quarta

2020

Global Jurist

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Section: Discussionmentioning

confidence: 99%

“…But, the implications of implementing this type of agreement to govern the sharing of genomic and other sensitive health data, particularly whether such an agreement is a contract or pseudo-contract and the enforceability of the terms to ensure data (especially downloaded data) are not misused and are adequately protected, should be further explored. 32 Regarding data access requirements and users, most of the initiatives we reviewed limit access to "qualified researchers" whose intended data use aligns with the goals of the initiative and consent requirements. However, ambiguity remains about how data access determinations are made, and it is often not clearly communicated on the initiative's website whether researchers from government agencies, academic centers, and/ or for-profit companies, or even citizen scientists, are eligible to access the data.…”

Section: Discussionmentioning

confidence: 99%

Genomic Data-Sharing Practices

Villanueva¹,

Cook-Deegan²,

Robinson³

et al. 2019

J. Law. Med. Ethics

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Making data broadly accessible is essential to creating a medical information commons (MIC). Transparency about data-sharing practices can cultivate trust among prospective and existing MIC participants. We present an analysis of 34 initiatives sharing DNA-derived data based on public information. We describe data-sharing practices captured, including practices related to consent, privacy and security, data access, oversight, and participant engagement. Our results reveal that data-sharing initiatives have some distance to go in achieving transparency.

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Factors of Volitional Attributiveness of the Legal Transaction based on International Experience

et al. 2022

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The aim of the study was to determine the most effective model of legal regulation of the form of declaration of will in legal transactions from the survey of the legislation of several countries and their respective jurisprudence. The research covered the methods of statistical analysis, comparative law, dialectics and legal epistemology, as well as data selection and legal modeling. It is shown that the model of legal regulation of the form of declaration of will, which is based on the principle of free choice of the form of declaration of will, is the most effective in terms of these indicators in the case of: (Greece, Poland, Czech Republic). At the same time, these States provide for strict requirements for challenging legal transactions and provide for the prohibition of abuse of rights. It is concluded that it is justified that in the majority of states the principle of valid will is applied when concluding legal transactions. Moreover, the results of this study can be used to develop proposals for the improvement of legislation in the field of regulation of the forms of declaration of will in the conclusion of legal transactions in their various forms and modalities.

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Pseudo-Contract & Shared Meaning Analysis

Cited by 3 publications

References 11 publications

Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization

Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization

Genomic Data-Sharing Practices

Factors of Volitional Attributiveness of the Legal Transaction based on International Experience

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