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 50
- Downloads 0
Private Antitrust Enforcement Without Punitive Damages: A Half-Baked Reform?
Directive 2014/104/EU on private antitrust enforcement opted for the exclusion of punitive damages from the category of recoverable damages following a violation of antitrust law. This article will outline the concept of...
The European Competition Network in the European Administrative System: Theoretical Concerns
The public administration of the European Union (EU) is a sui generis multi-level structure under constant development. After five decades of successful functioning, the European Union still lacks a coherent and comprehe...
Europeanisation of the Polish Leniency Programme
Leniency programmes in competition law make it possible to grant immunity from fines, or a reduction of any fine that would otherwise have been imposed on an undertaking who was a party to an unlawful agreement restricti...
Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No IACa 1322/13)
Despite the fact that the right to full compensation of harm caused by the breach of Articles 101 and 102 TFEU was confirmed in European Union jurisprudence many years ago,and that actions for damages for competition law...
The Scope of the Implementation of the Damages Directive in CEE States
The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member...