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Lost in Transmission
Kelvin F.K. Low
其他書名
Unilateral Mistakes in Automated Contracts
出版
SSRN
, 2020
URL
http://books.google.com.hk/books?id=7Mn1zgEACAAJ&hl=&source=gbs_api
註釋
In Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 2, the Singapore Court of Appeal had the opportunity to set out how the traditional contract law doctrine of unilateral mistake would apply to disputes in which the contracting process has been automated, in the context of a number of cryptocurrency trades. It concluded that when assessing the state of knowledge that is to be attributed to the parties at the time of a contract made by way of deterministic algorithms, the relevant inquiry cannot be directed at the parties themselves but rather, working backwards from the output that emanated from the programs, must be directed at the programmers. This paper sets out the problems with the court's conclusion.