Artificial intelligence: a modern approach
Artificial intelligence: a modern approach
Normative-informational positions: a modal-logical approach
Artificial Intelligence and Law
The conclusion of contracts by software agents in the eyes of the law
Proceedings of the 7th international joint conference on Autonomous agents and multiagent systems - Volume 2
Cognitive automata and the law: electronic contracting and the intentionality of software agents
Artificial Intelligence and Law
Software agents as boundary objects
AICOL'11 Proceedings of the 25th IVR Congress conference on AI Approaches to the Complexity of Legal Systems: models and ethical challenges for legal systems, legal language and legal ontologies, argumentation and software agents
| Hi-index | 0.00 |
The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of precontractual behaviour that is deemed to be contrary to good faith, are discussed. This is followed by a discussion of the extent to which such duties are recognised, or such behaviour proscribed, in common law jurisdictions. Some common standards for precontractual behaviour in civil and common law systems are identified. There is then a parallel analysis of the principle of good faith in contract performance with a view to identifying common traits or standards between civil and common law systems. These standards, in the situation where contracts are being negotiated and/or performed by or through electronic agents, would need to be reflected in the way such agents operate.