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31 March 2017 / Malcolm Dowden
Issue: 7740 / Categories: Features , Profession , Technology , Commercial
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Rise of the machines (Pt 2)

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Malcolm Dowden & Kizzie Fenner examine the evidential potential of the Internet of Things & the benefits of smart contracts
  • IoT sensors can plug the evidential gap for goods damaged in transit.
  • Data from IoT sensors can support more flexible contracting, with price dynamically adjusting with conditions.

Around 90% of world trade is carried by sea. International law governing the carriage of goods has evolved over centuries. Today, international treaties, conventions, the common law and national statutes all play a part. While their application and nuances have been explored by courts and tribunals around the world, issues of legal principle, as well as of commercial, practical significance remain unresolved.

A recent decision of the English Court of Appeal suggests that those areas of doubt and controversy are also areas of significant opportunity for “smart contracts” and the “internet of things” (IoT).

Shifting burden of proof

In Volcafe v CSAV [2016] EWCA Civ 1103, [2016] All ER (D) 87 (Nov) the Court of Appeal considered where the burden of proof lies

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