Mark Giancaspro

Bio: Mark Giancaspro is an academic researcher from University of Adelaide. The author has contributed to research in topics: Common law & Doctrine. The author has an hindex of 5, co-authored 20 publications receiving 182 citations.

Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic

Abstract: An unprecedented number of consumer problems has been caused by the COVID-19 pandemic, not least with regard to refunds of prepayments and the ability of consumers to keep up their monthly payments under loan and rental agreements. Based on a notion of societal force majeure sketched in this paper, we propose guiding principles in respect of the introduction of moratoria on recurring payments, the use of refunds or vouchers in respect of prepayments, and associated enforcement challenges. This analysis draws on experiences around the globe.

Should the Practical Benefit Principle Extend to Contract Formation

Abstract: In 2012 the Federal Government commenced a comprehensive review of the Australian law of contract, with the aim of identifying those aspects of this legal framework which were not conducive to its efficient and effective operation for businesses and consumers. This article seeks to add to this live discussion by contemplating whether the highly controversial practical benefit principle, famously expressed by the English Court of Appeal in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1, should apply not only to contract variations but also to contract formation. It is argued on three grounds that, if the principle remains an established feature of the doctrine of consideration in this jurisdiction, the principle should not be extended in this manner as this will only give rise to issues of the kind being targeted in the Government’s review.

Practical benefit: An English anomaly or a growing force in contract law?

Abstract: In Williams v. Roffey Bros & Nicholls (Contractors) Ltd. [1991] 1 QB 1 the English Court of Appeal famously invented the "practical benefit" principle. This principle makes it far simpler for parties to satisfy the consideration requirement when modifying a contract. This article reviews the ensuing case law around the common law world addressing the practical benefit principle, with a focus upon its status within the Australian law of contract, and simultaneously identifies the issues the principle attracts. It will be shown how the principle has been actively applied but often misused. The few domestic authorities discussing practical benefit, including the New South Wales Supreme Court’s qualified acceptance of the principle and the High Court’s cursory mention of the notion, will be considered before a tentative conclusion on the status of "practical benefit" in this jurisdiction, and its future prospects, is given.

The Rules for Contractual Renegotiation: A Call for Change

Abstract: Whether it be through the fault of the parties or as a consequence of external influences, those party to a contract often need to modify it to counteract the effects of any adverse variables threatening the agreement. More commonly the change affects only one of the parties directly, who then seeks a compromise which ultimately prompts the other party to provide additional assistance to keep the contract on foot. This article examines the obstacles that stand in the way of contractual modifications and attempts to identify the rules which govern renegotiation. Whilst numerous expedients allay the effect of these obstacles, it will be shown that these are often unknown to the parties or overly cumbersome to utilise. The article also recommends solutions to make this process more commensurate with the needs of modern business.

Blockchain Practices, Potentials, and Perspectives in Greening Supply Chains

Abstract: Blockchain technology is an inchoate technology whose current popularity is peaking. Some of the most pervasive blockchain technology use cases exist for supply chains. Sustainable, and especially green, supply chains can benefit from blockchain technology, but there are also caveats. The sustainability and environmental management research and academic literature is only starting to investigate this emergent field. This paper seeks to help advance the discussion and motivate additional practice and research related to green supply chains and blockchain technology. This viewpoint paper provides insight into some of the main dimensions of blockchain technology, an overview of the use cases and issues, and some general research areas for further investigation.

Blockchain for and in Logistics: What to Adopt and Where to Start

Abstract: Despite the claim that blockchain will revolutionise business and redefine logistics, existing research so far is limited concerning frameworks that categorise blockchain application potentials and their implications. In particular, academic literature in transport and logistics to date has not sufficiently distinguished between blockchain adoption (‘what to adopt’) and the identification of the right business opportunity (‘where to start’). In response, this paper (1) uses Rogers’ (2003) ‘attributes of innovation framework’ to identify potential blockchain applications and (2) presents a framework explicating four transformation phases to subsequently categorise the identified areas of application according to their effects on organisational structures and processes. Using academic and practitioner literature, we classify possible applications for adoption and provide a framework to identify blockchain opportunities in the logistics industry, thereby helping managers to systematically assess where to start building organisational capabilities in order to successfully adopt and deploy blockchain-based technology.

Blockchain technology: A survey on applications and security privacy Challenges

Abstract: Blockchain Technology has received a lot of attention from both industry and academia due to its decentralized, persistency, anonymity and auditability properties. In this survey, use of Blockchain technology in wide applications area and its implementation challenges have been done. A rigorous search for journal/research article related to Blockchain technology have been reviewed. We have considered five databases to conduct this survey namely Sciencedirect, IEEE Xplore, Web of Science, ACM Digital Library and Inderscience are being used. After initial phase elimination 135 research articles are considered in final databases for the survey. Main focus of the survey is to provide a comprehensive analysis on wide applications of Blockchain technology for the academic research community. In this paper challenges in implementing of Blockchian and its associated security and privacy issues have been discussed. For the first time a survey of this type have been done where Blockchain with application and its associated security and privacy issue have been reviewed.

How the Blockchain Enables and Constrains Supply Chain Performance

Abstract: The purpose of this paper is to understand the enabling and constraining roles of blockchain technology (BCT) in managerial work practices and conceptualise the technology–performance relationship in supply chain management (SCM).,A structured literature review and a theory-driven approach are used. A set of propositions are developed, suggesting how the use of BCT in supply chains can be understood to simultaneously enable and constrain SCM and performance.,The analysis identifies four enabling and three constraining blockchain identities to explain how the technology either “facilitates” or “impedes” SCM and supply chain performance. Traceability, which emanates from its ability to provide data immutability, ranks highly as a core innovation of the technology. The blockchain is mainly seen as an opportunity to exploit existing supply chain resources and competencies.,One limitation of the research is its conceptual nature. Future research should test the developed propositions empirically. Further research should focus on BCT as an opportunity to explore and as a relationship-building technology. More research is also needed focussing on the complex and simultaneous enabling and constraining effects of BCT in supply chains.,The paper shows the important and complex Janus-faced implications of embedding BCT in supply chains and demonstrates how organisational theory can be applied to explore the relationship between blockchain and SCM.