Black Letter Law and Its Principles
Legal systems have specific terminology that is reflected in the common law. Among such terms, we can distinguish the Black Letter Law, which reflects a decision on a particular case without question or controversy (Wright, 2018). It can be said that the Black Letter Law is an axiom of jurisprudence, that is, a rule not subject to discussion of its legality. Its application is justified by previous positive precedent, in which such a rule showed its effectiveness, after which it became necessary for the practice of common law. The basic principles of Black Letter Law are the general familiarity of the rule, a history of application and the fundamentality of the law, and the collective decision of most judges in most states.
Chapter Reflection
Among the areas of business that interest me, I want to focus on project management. Project management occupies a large amount of work and requires skills and abilities in various areas of activity. The manager’s tasks are to check the compliance of actions and requirements of the project and evaluate the result. Project activity is essential to the computer science I plan to develop. All procedures and processes for order fulfillment fall under contract law. Managers are responsible for drafting contracts and evaluating their implementation to achieve project goals. That is why among all the chapters, I was interested in The agreement: Offers and acceptances.
The chapter focuses on what is meant by an agreement reached at the time of contract drafting. Existing black law principles regarding contract drafting are fundamental and not subject to debate or challenge. However, there is a problem determining that an agreement has been reached and a contract has been created. Different types of contract limit understanding the basis for the parties to be convinced that an agreement has been made.
Beatty et al. (2019) contribute insight into what should be considered an offer and how to reach it properly. The most crucial element of the chapter has multiple examples that allowed me to understand my approach to contracting. The work of a project manager needs to rely on a positive relationship with a supplier, which can be created with a transparent policy and legal entrenchment. Contracts are essential to my future practice because a clear plan must be followed according to the costs and desires of both parties. Within computer science, any project requires logistics, and the amount and timing of the project are negotiated under contract law.
Two Examples of Black Letter Law
The first example of Black Letter Law that will be discussed is a contract. Whereas I had previously imagined an assurance to be any agreement with specified deadlines and goals, I have broadened my view. Project activities should outline their requirements and all of the terms and conditions that will be written into the contract. In addition, negotiation requires being certain, outlining deadlines, and ensuring both parties understand each other.
The unspoken mandatory rules about notifying the parties of their wishes exemplify the application of the black letter law. Reading the chapter reinforced my belief that not all modern theories of the contracting approach are relevant. Moreover, some now violate the law because they are threats or misrepresentations to one party (The law of misrepresentation). Still, when it comes to Computer Science, especially Internet use, Black Letter Law cannot provide sufficient protection for data privacy. Indeed, technology and malware programs, in particular, are dynamic; hence, the companies are incapable of updating the terms of agreements between them and their users.
The second example of Black Letter Law is related to Computer Science in tort. For instance, technological advancements are currently used widely in the medical field, and one example is drug prescription artificial intelligence tools and software (Sullivan & Schweikart, 2019). Since tort law allows the injured party to claim the recovery of the damage, it may be confusing who will be the responsible side in the case if the prescription is incorrect. In fact, the healthcare organization, not the manufacturer, should be the responding party because the latter only creates algorithms and instructions, while the former should create several layers of protection for patients’ health.
References
Beatty, J. F., Samuelson, S. S., & Abril, P. S. (2019). Business law and the legal environment. Cengage Learning.
Sullivan, H. R., & Schweikart, S. J. (2019). Are current tort liability doctrines adequate for addressing injury caused by AI? AMA Journal of Ethics, 21(2), 160-166. Web.
Wright, L. (2018). Black-letter law. LawNow. Web.