Artificial Intelligence as a Communication Tool in Contract Law

The article investigates artificial intelligence (AI)-automated contracts and, specifically, AI systems as communication tools. Firstly, it examines AI systems which externalize contractual consent and the fundamental elements of a contract (parties, subject, price, and acceptance). Secondly, the article discusses mistakes in AI-automated contracts by considering the communication gaps and the relevant areas of contractual liability of the parties, programmers, software developers, AI systems, and oracles. In this regard, it specifically examines the question of whether actions and declaration by AI systems give rise to obligations. Our conclusion is that, while humans’ reliance on AI systems as communication tools raises serious challenges to contract theory, it may also be an opportunity to move beyond contractual consent as a mere formality and procedural practice toward new models of consent in presence of an AI system.