Predictability, certainty, and party autonomy in the sale and supply of goods
Bibliographic record
Abstract
Predictability, certainty, and party autonomy are important goals in the development of legal principles. This article will examine these concepts and discuss a theoretical framework by which legal developments can be assessed. This theoretical framework will be applied in order to critically consider recent developments in two key areas relating to the sale and supply of goods, namely the action for price, and the characterization of contracts. In examining the interrelation between case law and legislation in these aspects of Commercial Law, the impact of the recent UK Supreme Court decision in PST Energy 7 Shipping v OW Bunker Malta (The Res Cogitans) will be explored. This landmark case considered several provisions of the UK Sale of Goods Act 1979. Many common law jurisdictions, such as Hong Kong and Singapore, have legislation that is very similar to the UK Sale of Goods Act, and Res Cogitans is thus of great interest and concern to those in such common law jurisdictions, since the courts in these jurisdictions are likely to view Res Cogitans as highly persuasive in the interpretation of similar local legislation. Various law reform options (including those inspired by the Canadian Uniform Sale of Goods Act) and suggestions for the drafting of contractual clauses will then be critically considered, with a view to promoting predictability, certainty, and party autonomy in the law relating to the sale and supply of goods.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.019 | 0.050 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.004 | 0.034 |
| Scholarly communication | 0.010 | 0.015 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.005 | 0.006 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".