Algorithms and Contract Law

Scholz, Lauren Henry

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Algorithms and Contract Law

Cambridge Handbook of the Law of Algorithms, 2019

FSU College of Law, Public Law Research Paper No. 922

17 Pages Posted: 14 Feb 2020 Last revised: 22 Jul 2020

See all articles by Lauren Henry Scholz

Lauren Henry Scholz

Florida State University - College of Law

Date Written: August 1, 2019

Abstract

Generalist confusion about the technology behind complex algorithms has led to inconsistent case law for algorithmic contracts. Case law explicitly grounded in the principle that algorithms are constructive agents for the companies they serve would provide a clear basis for enforceability of algorithmic contracts that is both principled from a technological perspective and is readily intelligible and able to be applied by generalists.

Keywords: contracts, algorithms, blockchain, technology law, private law

Suggested Citation: Suggested Citation

Scholz, Lauren, Algorithms and Contract Law (August 1, 2019). Cambridge Handbook of the Law of Algorithms, 2019, FSU College of Law, Public Law Research Paper No. 922, Available at SSRN: https://ssrn.com/abstract=3525503