Keywords
contract automation, unconscionability, consumer protection, dispute resolution
Abstract
Given a choice between two systems of contract rules, a court or legislature may have a normative obligation to adopt the rule that is more susceptible to coding and automation. This paper explores the ramifications of that normative proposition through the lens of multiple contract doctrines that traditionally involve “messy” judgments or multiple interacting judgments regarding which human beings are – arguably – capable of making finely nuanced analyses. Using the common law doctrine of unconscionability and Polish Civil Code Article 385 on unfair terms in consumer contracts, this paper explores the differences between contract rules that require human analysis versus those that can be applied with strong reliability by automated processes. Finally, the paper analyzes some of the potential pitfalls of this normative proposition in light of technological, economic, and moral/ethical concerns.
Recommended Citation
Barnhizer, D. (2016). Contracts and Automation: Exploring the Normativity of Automation in the Context of U.S. Contract Law and E.U. Consumer Protection Directives. Yearbook of Antitrust and Regulatory Studies, 9(14), 15-42. https://doi.org/10.7172/1689-9024.YARS.2016.9.14.1
First Page
15
Last Page
42
Page Count
27
DOI
10.7172/1689-9024.YARS.2016.9.14.1
Publisher
University of Warsaw
Publication Date
2016-12-31
