Discuss the issues that arise from the use of comic contracts in Commonwealth contract law.
Discuss the issues that arise from the use of comic contracts in Commonwealth contract law. The use of comic contracts has been pioneered by South African lawyer Robert de Rooy. He has contributed to a number of interesting papers on the topic: “Next Generation Deal Design: Comics and Visual Platforms for Contracting” – https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2747821 “New Contract Genres” – https://creative-contracts.com/wp-content/uploads/2018/05/New-contract-genres-IRIS-2018-revised-draft-2-Jan-2018-cln.pdf For argument on validity of comic contracts, please see: “Picture-Perfect or Potentially Perilous? Assessing the Validity of ‘Comic Contracts’” – https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3655872 I am able to effectively argue validity of a comic contract, but am having trouble constructing an argument around potential legal issues that may arise, particularly with reference to Commonwealth law. There has been a substantial push towards the use of plain language in law to make it more accessible. Visualising a contractual agreement is a natural progression of that which may help break down barriers of language, education, or cognitive ability between negotiating parties. However, a compelling argument against the use of comic contracts would be the extent to which an illustration or comic could illustrate substantial performance in a working role, or minimum repayments in a loan agreement. perhaps there is a place for comic contracts in areas of the law where barriers do exist between parties. But surely the law requires consistency. Current contract law is relatively standard regardless of the nature of the agreement. Furthermore, rather than arguing the definitions of a term in a contract, would comic contract disputes be based in the interpretation of an action that has been illustrated? Could an illustrator be responsible for misinterpreting the intention of a contract by representing an obligation in an unintended way? Or do we need standardised illustration practices for comic contracts to ensure that all comic contracts are interpreted consistently. How far would ‘an illustrated dictionary of comic contracts’ extend? These are the issues I need help identifying and applying to the law. Commonwealth law is persuasive but I am interested an any countries that validly execute (or have actively prohibited) comic contracts.
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