Artificial Intelligence in Contract Formation

Algorithmic Contracting and Doctrinal Challenges in English Law
Erscheinungsjahr 2026
ISBN: 978-1-5099-9272-0
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 216 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 496 g

Reihe: Hart Publishing

This book explores how artificial intelligence is reshaping the foundations of contract formation under English contract law.

As AI systems take on critical roles in forming agreements, traditional legal principles rooted in human decision-making are being challenged. The book introduces the concept of the "meeting of the algorithms" as a modern alternative to the conventional "meeting of the minds," emphasising how AI-driven contracts differ from human-based ones.

Focusing on algorithmic contracting where both parties operate AI systems-particularly those based on machine learning-the book challenges the adequacy of traditional legal doctrines and terminology. It provides a structured analysis of the legal, conceptual, and doctrinal challenges raised by contracts formed without human intervention at the point of agreement.

The book proposes a new legal framework that accommodates algorithmic systems as communication and decision-making tools. It redefines consent, examines the attribution of knowledge and intention, and identifies the legal moment of formation in automated contracting environments. It shows how AI-driven contracting is forcing contract law to evolve without relying on fictional agency constructs or debates around legal personhood.

Artificial Intelligence in Contract Formation will appeal to researchers of contract law, technology law, and private law theory, as well as legal practitioners interested in AI governance and legal innovation. It contributes to ongoing debates on AI and law, and offers a roadmap for integrating algorithmic transactions into the mainstream of contract doctrine.

Autoren/Hrsg.

Mena-Durán, María L.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

1. Algorithmic Contracts: What is New That Makes it Different Now?
2. Shaping the Contract Landscape: The Journey from Automation to Autonomy
3. When Technology Meets the Law
4. Mapping the Evolution: A Critical Review of Algorithmic Contract Formation
5. An Analysis of Algorithmic Systems as Communication Tools
6. Inside the Workings of Algorithmic Contract Formation
7. Subjectivity in Algorithmic Contracts: Embracing the Human Element and the Meeting of the Minds
8. Conceptual Synthesis

Über Autor(innen)

Mena-Durán, María L.
María L Mena-Durán is Associate Professor of Private Law at Universidad CEU Cardenal Herrera, Spain, and a member of the Valencia Bar Association. Her research focuses on algorithmic contracting, AI regulation, and the intersection of law and technology. She teaches legal tech and AI as a visiting lecturer at various academic institutions. She is an Associate of King's College London, a British Spanish Society Scholar, and has over twenty-five years of experience as a practising lawyer.

María L Mena-Durán is Associate Professor of Private Law at Universidad CEU Cardenal Herrera, Spain.