Contracts and Automation: Exploring the Normativity Of Automation in the Context of U.S. Contract Law and E.U.Consumer Protection Directives
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2016, Vol 9, Issue 14
Abstract
Given a choice between two systems of contract rules, acourt 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.
Authors and Affiliations
Daniel Barnhizer
Keywords
Related Articles
- EP ID EP319793
- DOI 10.7172/1689-9024.YARS.2016.9.14.1
- Views 38
- Downloads 0
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