The Modern Law Of Contract Review
In the old days, a court might have struggled with whether a machine could have a "meeting of the minds." However, the modern court looked at two specific pillars of today’s law:
Most modern contracts are formed via "terms and conditions" we never read, yet the law generally holds us to them unless they are "unconscionable." The Modern Law of Contract
Here is a story that illustrates how these modern principles play out in the digital age. The Case of the Accidental Algorithm In the old days, a court might have
While traditional English law was often wary of a general duty of "good faith," modern international standards (and many evolving jurisdictions) increasingly expect parties to act honestly. Exploiting a clear technical glitch was deemed a violation of the spirit of the agreement. The Result The Result The court didn't care what the
The court didn't care what the SteelCorp CEO intended to happen. They looked at what a "reasonable observer" would think. In this case, the price was so absurdly low that the court ruled Elias’s firm "constructively knew" it was a mistake.
