From Automation to Autonomy: Some Non-existent Problems in Contract Law

Journal of Contract Law, 2020

25 Pages Posted: 17 Jul 2020

See all articles by Eliza Mik

Eliza Mik

The Chinese University of Hong Kong (CUHK) - Faculty of Law; TILT; Melbourne Law School

Date Written: May 1, 2020

Abstract

The progressive automation of the contracting process has led to a revival of theories that question the validity of contracts formed with the assistance of computers. Purportedly, once statements are not only transmitted but also generated by computers, the latter ‘deserve’ legal personhood and the transaction resulting from such statements must be attributed to them. Instead of diverting the reader’s attention with incomprehensible technical terms and acronyms, this paper focuses on the core principles of contract law and demonstrates not only their continuing validity but also their nearly infinite resistance to technological change. The analytical point of departure is the assumption that no degree of technological sophistication warrants the ‘emancipation’ of the computer and that all theories built around the ill-defined and decontextualized concept of ‘autonomy’ must be discarded. Somewhat stubbornly – and with no attempts at legal sensationalism that frequently accompanies technological progress - this paper contends that the deployment of highly advanced computers in the transacting process does not raise any doctrinal problems in contract law. At least when it comes to the process of contract formation.

Keywords: contract law, e-commerce, algorithmic trading, artificial intelligence

JEL Classification: K12, K22, K11, K20, 033

Suggested Citation

Mik, Eliza, From Automation to Autonomy: Some Non-existent Problems in Contract Law (May 1, 2020). Journal of Contract Law, 2020, Available at SSRN: https://ssrn.com/abstract=3635346

Eliza Mik (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

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Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

TILT ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Melbourne Law School ( email )

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Melbourne, VIC 3010
Australia

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