[Section 51AC of the Trade Practices Act 1974 (Cth) was introduced in 1998 to protect small business from unconscionable conduct. This initiative was taken following a number of government reports that highlighted the exploitation some small businesses suffer at the hands of larger businesses. This article argues that legislative intervention in this context is justified and that the mechanism ...

This research is motivated by the critical problem of stark incompatibility between the contractual clauses (typically buried in legal documents) and the myriad of performance measures used to evaluate and reward (or penalize) supply participants in the extended enterprise. This difference between what is contractually expected and what is actually performed in addition to the lack of transpare...

Infrastructure concessions are frequently renegotiated after investments are sunk, resulting in better contractual terms for the franchise holders. This paper offers a political economy explanation for renegotiations that occur with no apparent holdup. We argue that they are used by political incumbents to anticipate infrastructure spending and thereby increase the probability of winning an upc...

A core business enterprise function is trading with other business organizations. Such trade relationships are governed by legal contracts. The obligations and fulfillment conditions as stipulated in a business contract demand performance of business activities in the pre-defined choreography. Non-performance could lead to serious legal and/or financial implications. Therefore, it is essential ...

As discussed in Merton (1993, Sections 5 and 6) and here in the section to follow, the effective delivery of many financial services depends critically on the credit-worthiness of the provider financial institution. Such service activities are said to be 'credit-sensitive'. The intermediary's credit standing can cause significant extemality-like effects on the various business activities of the...

This paper concentrates on the representation of the legal relations that obtain between parties once they have entered a contractual agreement and their evolution as the agreement progresses through time. Contracts are regarded as process and they are analysed in terms of the obligations that are active at various points during their life span. An informal notation is introduced that summarize...

. Business Process Models are typically used to express inter or intra – enterprise business activities/processes. Contractual obligations need to be fulfilled through execution of business processes on behalf of the contracting parties . To do so, business contract terms and conditions need to be semantically integrated to existing internal business process models. Contract obligation, perform...

In this position paper we discuss the issue of enforcing access policies in distributed environments where there is no central system designer/administrator, and consequently no guarantee that policies will be properly implemented by all components of the system. We argue that existing access control models, which are based on the concepts of permission and prohibition, need to be extended with...

The real seat is a recognised, although expressed in different terms, connecting factor of the EU international private law, relating to companies they legal relations. Under regulations unifying particular areas this relevant form point view cross-border operations companies, determining applicable law field contractual and non-contractual obligations, company’s bankruptcy. Furthermore, it der...