AI and Contract Law

in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)

25 Pages Posted: 3 Dec 2020 Last revised: 4 Mar 2022

See all articles by Florian Martin-Bariteau

Florian Martin-Bariteau

Harvard University - Berkman Klein Center for Internet & Society; University of Ottawa - Common Law Section; University of Ottawa - Centre for Law, Technology and Society

Marina Pavlovic

University of Ottawa - Common Law Section

Date Written: February 1, 2021

Abstract

Contracts are now an essential regulator of both commercial and social relationships. The increased use of artificial intelligence (AI) in contracting does not pose significant challenges to contract law. Indeed, the Canadian legal framework is already responsive to contracts drafted, negotiated, agreed upon, or executed by automated systems. Through a functional approach, both civil and common law contract doctrine interface quite well with the use of AI in contractual relationships. While presenting opportunities, the use of AI to draft, form, or enforce contracts presents many risks for controllers, for lawyers, and especially for vulnerable parties. While these social justice issues are not new, AI further amplifies injustices and further polarizes asymmetrical relationships. As a result, the growing use of AI calls for an immediate and profound revisiting of Canadian contractual doctrine, notably to promote transparency and accountability, and to protect vulnerable parties.

Keywords: AI, contract, canada, smart contract

Suggested Citation

Martin-Bariteau, Florian and Pavlovic, Marina, AI and Contract Law (February 1, 2021). in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021), Available at SSRN: https://ssrn.com/abstract=3730385

Florian Martin-Bariteau (Contact Author)

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur
Ottawa, Ontario K1N 6N5
Canada

HOME PAGE: http://f-mb.org

University of Ottawa - Centre for Law, Technology and Society ( email )

57 Louis Pasteur
Ottawa, ON K1N 6N5
Canada

Marina Pavlovic

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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