Autonomous systems: how should contract law treat such autonomy?

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Authors: Xiaoshui Zhai
Cited by: 0

Abstract

Autonomous systems based on artificial intelligence (AI) are increasingly used in automated contracting. Unlike traditional computer programs, autonomous systems are capable of independently formulating and executing contractual decisions based on environmental inputs, without direct human intervention. Their growing use raises important questions regarding the adaptability of existing contract law. This paper examines three key challenges frequently associated with autonomous systems in contracting: their legal status, the validity of AI-formed contracts, and the treatment of unexpected outputs. The analysis demonstrates that none of these challenges necessitates a special legal regime. Existing contract law principles and doctrines are sufficiently flexible to accommodate the involvement of autonomous systems in contracting.

Fields of Study & Subjects

Digitalization Law and Regulation Literary and Philosophical Studies Digital Transformation in Law

Publication details

Journal / source
Information & Communications Technology Law
Pages
1–29
Publication date
12 February 2026
Language
EN