A follow up thought.  Overall, the "legal" part of transacting can be seen as a grid with each transaction being a new set of connections in the grid (technically, this is a "graph" but that word is unusable because it has such a strong, different meaning for most of us).  Things (objects) to connect include persons and forms, as well as properties, data, times, etc. 

"Forms" are themselves collections of clauses which can also be treated as objects.  Since legal "reality" is mostly text and bounded, if we handle text decently, we can address many problems of law. 

Two brief examples -

Sequence of steps:

The original escrow example that Primavera and I did almost a year ago - somewhat updated - shows a succession of events - offer, order, signature, complaint, response:
http://www.commonaccord.org/index.php?action=list&file=doc/escrow/

A "form" can be (is always?) a product of legislative and community exigencies - and we can treat those as sources in a chain of supply.
http://privacy.commonaccord.org/index.php?action=list&file=CPBR/


On 8/24/15 10:24 PM, James Hazard wrote:
Agreed that Requesting Party is not always an agent of Authorizing Party, and indeed sometimes Requesting Party will want to disclaim a fiduciary relationship.  BobCo example likely would not be an agent if for medical research, though my understanding is that there are often express or implied duties to the patient and the patient is increasingly viewed as a participant.  If BobCo was to recommend a therapy or find life insurance, then might well be an agent. 

A way of working through these issues is to start with examples of existing documents used in similar circumstances - like the patient consents - and see what can be systematized.



 

On 8/24/15 10:12 PM, Eve Maler wrote:
Coolness — now I see how this thingie works.

I’m not sure (using the original binding obligations terms) that the Requesting Party is always an agent of the Authorizing Party, if that means there’s an “on behalf of” relationship. In fact, I’m sure they’re not always (though sometimes they might be). What if research firm BobCo wants to use Alice’s health or demographic data in a study, and she agrees?

Eve

On 24 Aug 2015, at 12:02 PM, James Hazard <james.g.hazard@gmail.com> wrote:

Here is a very rudimentary example of provisions to adopt the Restatement of Agency as legal framing for an agreement.  It is just a stub.

The stub is here (click on "Document" to see a use of the text).
http://cmacc-uma.herokuapp.com/index.php?action=source&file=/Agency/Restatement_Clauses_01.md

The source is on GitHub (click on "GitHub"):
https://github.com/CommonAccord/Cmacc-UMA/blob/master/Doc/Agency/Restatement_Clauses_01.md

I plopped this into a little demo for UMA terms that I did earlier and made a few adaptations.  It is obviously incomplete, among other reasons because the Requesting Party (whom I take to be an agent of the Authorizing Party) has an agent (the Requesting Party Agent).  This would need to be addressed and "Parties" would need to include all three.  The goal of this little demo is to give a sense of how CommonAccord can integrate legal text.

http://cmacc-uma.herokuapp.com/index.php?action=source&file=/Demo/AP-RP-RPA_Robinson-Acme-Altima.md
(click on "Document")

Eve Maler | cell +1 425.345.6756 | Skype: xmlgrrl | Twitter: @xmlgrrl | Calendar: xmlgrrl@gmail.com


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