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PERSPECTIVES Using Codes of Conduct to Resolve Legal Disputes

By Peter Aiken, Robert M. Stanley, Juanita Billings, Data Blueprint, Luke Anderson and Duane Morris Llc

Abstract

In the absence of other published standards of care, it is reasonable for contractual parties to rely on an applicable, widely available code of conduct to guide expectations. When legal disputes arise, the primary focus of judges, juries, and arbitration panels is on interpreting facts. In cases of alleged underperformance, they must evaluate facts against contract language, which typically states that services will be provided in accordance with industry standards. Legal arbiters seek well-articulated “standards of care ” against which to evaluate the behavior of contractual parties and, in the absence of other published standards, increasingly rely on codes of conduct (CoCs) to establish an objective context. In fact, they have successfully applied CoCs

Year: 2013
OAI identifier: oai:CiteSeerX.psu:10.1.1.352.6580
Provided by: CiteSeerX
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