ABSTRACT
Contract law is being ravaged by a tsunami of technological change. How could principles that have been developed in an era of horse carts and snail mail weather the onslaught of blockchains, artificial intelligence and virtual reality? How could they address the operation of autonomous algorithms? How could they deal with agentic systems and intention-driven computing? A disruption is imminent and inevitable! Contract law is due for a system update! Sentences like these attract attention and get papers published. They do not, however, provide any explanation or insights as to why dramatic changes are required. It is, after all, more interesting to write about some unverifiable future or the unstoppable pace of innovation that will revolutionize commerce and the manner people do business, than to critically analyse the question whether technological change will require dramatic changes to the law. This chapter takes a critical look at theories proclaiming the need for change and at the unfortunate (and confusing!) decision Quoine Pte Ltd v B2C2 Ltd.
Mik, Eliza, Contract Law and Technological Disruption: From Blenders to Artificial Intelligence (October 30, 2024), Chinese University of Hong Kong Faculty of Law Research Paper No 25.
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