Published: 2024-01-16

Algorithmic contracts in the light of selected acts of model contract law

Katarzyna Biczysko - Pudełko
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.5369

Abstract

Algorithmic contracts are another category of digitally enriched contracts that are increasingly common in commercial practice. Their essence boils down to the determination by an algorithm of the content of the parties' obligation, whereby the algorithm may act as a 'negotiator' or fill in gaps in the content of pre-established contractual terms. The specificity of these contracts has legally significant consequences and raises a number of questions, e.g. whether an algorithm can create the content of a contract and whether it will be legally binding, whether it will be possible to claim a declaration of intent error when the system fails or the algorithm misanalyses data, what about a situation where the content of a statement "made by an algorithm" was not predicted or even possible to predict by the person using the algorithm? The purpose of this article will be to answer the above questions by taking into account selected model acts and - as a side note, as it were - to assess the relevance of these acts for the practice of trading and contract law more broadly.

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Citation rules

Biczysko - Pudełko, K. (2024). Algorithmic contracts in the light of selected acts of model contract law . The Opole Studies in Administration and Law, 21(2), 43–58. https://doi.org/10.25167/osap.5369
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