AI & Software-Formed Contracts and the Law of Mistake | Ooi Explained

Vincent Ooi's 2022 article asks how common law should handle contracts formed by autonomous software. This digest walks through the contracting problem, the limits of the mere tools theory, the failure of the agency approach, Ooi's extended objective theory of contract, and why unilateral mistake in equity becomes the key doctrinal safeguard when software malfunctions.

Source:

Vincent Ooi, "Contracts Formed by Software: An Approach from the Law of Mistake," Journal of Business Law (2022).

Topics covered:

- objective theory of contract

- mere tools theory

- agency approach

- extended objective theory

- unilateral mistake

- mistake in equity

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