Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Science and Technology Law

2022

Research Collection Yong Pung How School Of Law

Contract law

Articles 1 - 1 of 1

Full-Text Articles in Law

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi Jan 2022

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi

Research Collection Yong Pung How School Of Law

A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …