Contract law and advances in artificial intelligence

John Linarelli

Chapter Chapter 20 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 425-442 from Edward Elgar Publishing

Abstract: Artificial intelligence has made significant inroads in changing contract practices, resulting in significant effects on contract law itself. This chapter covers some of the most prominent uses of artificial intelligence today in contracting. It also predicts future changes to contract law and practices because of ever more significant roles of artificial intelligence in contracting occurring into the future. It first explains why automated decision-making in contracting does not necessarily involve artificial intelligence, but can, and the use of artificial intelligence in automated decision-making is increasing. It then explains how generative artificial intelligence is changing contract drafting and interpretation. It moves on to predicting the effects of advances in artificial intelligence on contract doctrine. Some of the discussion is on future possible advances in artificial intelligence as it moves on to having agency and intentionality in a cognitive or philosophical sense. Artificial intelligence is not there yet. It does not yet possess the sort of intentionality needed to be a contracting agent. When it does reach this point, the consequences for contract law will be profound. Finally, this chapter lays the groundwork for a future philosophy of contract law to deal with artificial intelligence with agency.

Keywords: Automated decision-making; Contract law; Intentionality; Legal agent; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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