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Full-Text Articles in Contracts
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Research Collection Yong Pung How School Of Law
The use of software in contract formation is likely to become increasingly pervasive in light of the digital economy. Consequently, software can also be expected to exhibit greater autonomy and take on increasingly complex transactions and contract negotiations. It is important that a legally coherent, fair, certain and economically justified approach be taken to regulate such contracts.A ‘contracting problem’ arises when software is used to autonomously enter into contracts without human input. The formation of a valid contract requires, inter alia, an agreement between two or more parties, where each party exhibits an objective intention to be legally bound (the …
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
Grace M. Giesel
One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
Brandeis School of Law Faculty Scholarship
One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.