Tech & Law Digest

When Algorithms Make Contract Mistakes: Frattone's Article Explained


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What happens when an algorithm forms a contract at the wrong price or on the wrong assumptions? Can contract law treat that as a legal mistake, and if so, whose mistake is it?


This video explains Cristina Frattone's 2024 article on algorithmic mistakes in machine-made contracts. It covers:

- the difference between automation mistakes and autonomy mistakes

- why attribution is the central legal problem

- how *Quoine v B2C2* exposes the limits of current mistake doctrine

- why Frattone proposes a dedicated rule for algorithmic mistake


If you're interested in AI contracting, automated trading, and private law doctrine, this paper is a useful map of the problem.


Further reading:

- UNCITRAL Model Law on Automated Contracting

- ELI Guiding Principles on Digital Assistants for Consumer Contracts

- Wendehorst on AI in contracting


This content is provided for informational purposes only and does not constitute legal advice. You are responsible for how you use this information and should seek qualified advice for specific matters.

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Tech & Law DigestBy Tech & Law Digest