Rethinking Mistake in the Age of Algorithms (Blog Post)

Machine Lawyering Blog, 2020

2 Pages Posted: 23 Jan 2021

See all articles by Vincent Ooi

Vincent Ooi

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Kian Peng Soh

Singapore Management University - School of Law

Date Written: September 2, 2020

Abstract

In our previous note: Cryptocurrencies and Code before the Courts ((2019) 30(3) King’s Law Journal 331 - 337), we discussed the Singapore International Commercial Court (High Court)’s decision in B2C2 Ltd v Quoine Pte Ltd. The case subsequently went on appeal, and the Singapore International Commercial Court (Court of Appeal), by a majority, affirmed the decision of the lower court in Quoine v B2C2 (“Quoine”). The case of Quoine represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software. In our recent case note: Rethinking Mistake in the Age of Algorithms (forthcoming in the King’s Law Journal), we examine the decision in Quoine and argue that given that finding actual or constructive knowledge of an error necessary to invoke the doctrine of unilateral mistake may well be impossible in cases involving contracts formed by certain types of automated software, the approach set out by Lord Mance, who penned the dissenting judgment, may provide a viable solution.

Keywords: Contract Law, Artificial Intelligence, Cryptocurrencies, Fintech

Suggested Citation

Ooi, Vincent and Soh, Kian Peng, Rethinking Mistake in the Age of Algorithms (Blog Post) (September 2, 2020). Machine Lawyering Blog, 2020, Available at SSRN: https://ssrn.com/abstract=3698509 or http://dx.doi.org/10.2139/ssrn.3698509

Vincent Ooi (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://vincentooi.com

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Kian Peng Soh

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
30
Abstract Views
179
PlumX Metrics