24
As discussed in Chap. 1, psychologists suggest that when we trust
someone, we accept vulnerability based on positive expectations of the
future behaviour of that party (Rousseau et al. 1998). Inherent in this
trust, is the assumption that the other party (1) possesses the necessary
skills and capabilities to deliver on the promise (ability); (2) has the trustor’s interests at heart (benevolence); and (3) will adhere to a set of mutually acceptable principles for behaviour (integrity) (Mayer et al. 1995).
Kimel (2001) suggests that while promises draw on the same reliance
and expectation of fulfilment that exists in personal trust, contracts are
different than promises and exist outside of the framework of personal
relationships. He argues that contracts, in fact, undermine the concept of
psychological trust and human relationships and, in effect, exist as a substitute to trust (Kimel 2001). In contrast, Bellia Jr (2002) argues that the
intrinsic value of a promise, regardless of enforceability, does not lie in its
capacity to reinforce trust relationships but rather in the knowledge that
certain promises need to be enforced. Similarly, Lumineau (2017) posits
that a lack of trust does not necessarily signify distrust, and indeed argues
that both trust and distrust can result in positive and negative outcomes.
Legal theorists use similar constructs to argue why the law should
enforce a contract. Trust is conceptualised in a number of different ways
in contract law theory. For example, autonomy theory argues that the
enforcement threat in contract law exists to enhance the freedom of the
promisor and respects the trust of the promise, while welfare-economic
theorists argue it exists to maximise individual or social well-being (Bellia
Jr 2002). In reality, contract law exists to perform a variety of trust-related
functions including enabling parties to make and enforce a promise, avoid
conflicts, and regulate coordination and cooperation between them (Bellia
Jr 2002).
2.3 the Form oF GeneraL cLoud
computInG contracts
The contractual relationship between CSPs, their clients, and crucially
their clients’ end users, are typically set out in a standard form click-wrap
contract comprising the following four components:
• Terms of Service (TOS)—the TOS set out the provisions that define
and regulate the overall relationship between a CSP and the client.
T. LYNN
As discussed in Chap. 1, psychologists suggest that when we trust
someone, we accept vulnerability based on positive expectations of the
future behaviour of that party (Rousseau et al. 1998). Inherent in this
trust, is the assumption that the other party (1) possesses the necessary
skills and capabilities to deliver on the promise (ability); (2) has the trustor’s interests at heart (benevolence); and (3) will adhere to a set of mutually acceptable principles for behaviour (integrity) (Mayer et al. 1995).
Kimel (2001) suggests that while promises draw on the same reliance
and expectation of fulfilment that exists in personal trust, contracts are
different than promises and exist outside of the framework of personal
relationships. He argues that contracts, in fact, undermine the concept of
psychological trust and human relationships and, in effect, exist as a substitute to trust (Kimel 2001). In contrast, Bellia Jr (2002) argues that the
intrinsic value of a promise, regardless of enforceability, does not lie in its
capacity to reinforce trust relationships but rather in the knowledge that
certain promises need to be enforced. Similarly, Lumineau (2017) posits
that a lack of trust does not necessarily signify distrust, and indeed argues
that both trust and distrust can result in positive and negative outcomes.
Legal theorists use similar constructs to argue why the law should
enforce a contract. Trust is conceptualised in a number of different ways
in contract law theory. For example, autonomy theory argues that the
enforcement threat in contract law exists to enhance the freedom of the
promisor and respects the trust of the promise, while welfare-economic
theorists argue it exists to maximise individual or social well-being (Bellia
Jr 2002). In reality, contract law exists to perform a variety of trust-related
functions including enabling parties to make and enforce a promise, avoid
conflicts, and regulate coordination and cooperation between them (Bellia
Jr 2002).
2.3 the Form oF GeneraL cLoud
computInG contracts
The contractual relationship between CSPs, their clients, and crucially
their clients’ end users, are typically set out in a standard form click-wrap
contract comprising the following four components:
• Terms of Service (TOS)—the TOS set out the provisions that define
and regulate the overall relationship between a CSP and the client.
T. LYNN