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Subject: [legalxml-econtracts] Thinking about the Scenarios


Hi everyone

Here are some thoughts in progress about the scenarios, intended in 
advance of next week's teleconf to stimulate discussion as to where we 
go from here.

The following seven scenarios have now been posted to the list:

- Automated Negotiation System

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00016.html

- Click-Through Contracts for Software Downloads

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00012.html

- Contract Generation Systems

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00014.html

- Data Consortium Contract Schema Requirements

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00006.html

- Dispute Resolution and Litigation Involving Contracts

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00013.html

- Enterprise Contract Management

http://lists.oasis-open.org/archives/legalxml-econtracts/200302/msg00007.html

- Law Firm Contract Creation and Negotiation

http://lists.oasis-open.org/archives/legalxml-econtracts/200301/msg00003.html

These scenarios all have something in common, but also significant 
differences.  Allow me to summarise (for all except the Data Consortium):

- The "Law Firm Contract Creation and Negotiation Scenario" wants to 
represent existing formal legal contracts in XML, so that XML-aware 
authoring tools (eg Word 11, or Altova's now free Authentic editor) can 
be easily used by lawyers to draft them, and the resulting document can 
be formatted, printed and signed.

- That scenario also suggests certain things be marked up (see 114) for 
use in downstream systems.

- The "Contract Generation Systems" scenario directs itself to creating 
a contract from a space of possible contracts.

- The "Automated Negotiation Scenario" seems to require that there be 
"slots" or elements in an XML contract, into which the parameterised 
business terms can be placed.

- The "Dispute Resolution and Litigation Involving Contracts Scenario" 
requires obligations and "conditional clauses" to be marked up in very 
specific ways.

- The "Enterprise Contract Management" scenario may require more or less 
markup than the "Dispute Resolution" scenario [Barry?]

- That "Dispute Resolution" scenario also posits an exception mechanism, 
which mentions a "contract drafting system", which seems a much grander 
vision that the drafting systems spoken of in the "Law Firm Contract 
Creation" and "Contract Generation Scenarios".

- The "Click-Through Contracts for Software Downloads" Scenario is 
relatively straightforward, except for the question of whether it is 
desirable to represent these using the same document model as might be 
used for the "Law Firm Contract Creation" scenario.

I'd like to suggest our work divides in to two (possibly three) parts:

1.  A representation of the contract in XML, in a way which allows it to 
be rendered in various output formats.  This seems to be more or less 
required by each of the scenarios.

The open questions here are firstly, what subset or subsets of the 
universe of contracts should we be seeking to represent, and then, our 
real work: what representation to use (eg nested/flat, recursive etc)

2.  Markup of some or all of the information which is contained in (or 
could be inserted in) clauses in the contract.

Most of the scenarios require this, but vary significantly in what to 
markup, and for what purpose.

The last teleconference suggested a possible third part:

3.  Information _about_ the state of the contract (or a part of it), for 
example, whether the contract has been signed, whether a particular 
clause has been agreed, whether a clause has been breached.

The distinction between 2 and 3 is fuzzy around the edges.

We need to decide at some point what to do with information of type 3 
(which i'll call metainformation).  Do we add markup to the contract to 
cover some/all of it, or do we agree it will be kept outside the marked 
up contract, to possibly later become the subject of further standards work.

It seems to me that a useful way forward would be for us to concentrate 
  on (1) above as soon as our requirements exercise is complete.  If we 
could do this, we'd have created something we can usefully start to work 
with, and importantly, have a springboard for (2), since we'd be able to 
post XML fragments to the list using an agreed structural/skeletal 
markup, and concentrate fully on identifying the info we were marking up 
and the proposal for marking it up.

I think it would be useful for the scenario authors to refactor (and 
perhaps add to) their scenarios, so that their requirements are categorised:

1.  Skeletal/Structural, for formatting and other purposes
2.  Markup of particular information:
	(a) at the clause level
	(b) inside a clause
3.  Meta information
4.  OTHER


cheers,

Jason


-- 

Jason Harrop
CTO, SPEEDLEGAL
jharrop@speedlegal.com

Melbourne
Mob +61 (0)402 02 66 34
Tel +61 (0)3 9670 0141
Fax +61 (0)3 9670 0142
www.speedlegal.com

SmartPrecedent(R) software
The most intelligent way to create documents


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