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Technology, The Changing Nature Of Disputes, And The Future Of Equitable Principles In Canadian Contract Law, Conrad Flaczyk
Technology, The Changing Nature Of Disputes, And The Future Of Equitable Principles In Canadian Contract Law, Conrad Flaczyk
Canadian Journal of Law and Technology
There are a number of legitimate reasons to be excited about the application of new technologies to make contracting more efficient. Unfortunately, each of those reasons is associated with certain risks for both contractors and contractees. In this article, I argue that an ‘‘equitable” approach to modern contract law — understood by the likes of Larry DiMatteo and others ‘‘not merely as a system of rules, but of rules tempered by standards and principles” — is particularly well suited for counterbalancing some of the undesirable contractual risks introduced by new technologies like blockchain, artificial intelligence, and smart contracts. A historical …
Hardship And Hard Drives: Artificial Intelligence, Judicial Decision-Making, And The Discharge Of Student Loan Debt, Forrest Finn
Hardship And Hard Drives: Artificial Intelligence, Judicial Decision-Making, And The Discharge Of Student Loan Debt, Forrest Finn
Canadian Journal of Law and Technology
Section 178(1.1) of the Bankruptcy and Insolvency Act allows individuals to apply for discretionary relief from the non-dischargeable nature of student loan debts. Subparagraph (b) of this relief establishes a ‘‘hardship” requirement. The elements for this hardship requirement have been developed and applied by judges in the form of standards. The issue addressed in this paper is whether these standards are applied predictably. Using both statistical analysis and machine learning algorithms, this paper demonstrates that judicial decision-making on the hardship requirement is predictable. This predictability has significant implications. Most importantly it suggests that predictive software could be created for s. …