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Record W3122404810 · doi:10.2139/ssrn/2927459

Self-Driving Contracts

2017· article· en· W3122404810 on OpenAlexfundno aff
Anthony J. Casey, Anthony Niblett

Bibliographic record

VenueeYLS (Yale Law School) · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Contract Law
Canadian institutionsnot available
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsUnconscionabilityDoctrineAdjudicationContract managementLaw and economicsContingencyFunction (biology)Computer scienceSmart contractCommon lawBusinessComputer securityLawEconomicsPolitical scienceMarketing

Abstract

fetched live from OpenAlex

Ex post gap filling is a central function of contract law.This is about to change.Predictive capabilities created by big data and artificial intelligence increasingly allow parties to draft contracts that fill their own gaps and interpret their own standards without adjudication.With these self-driving contracts, parties can agree to broad objectives and let automated analytics fill in the specifics based on real-time contingencies.Just as a selfdriving car fills in the driving details to get its passenger to a designated end point, the self-driving contract fills in the contract details to achieve the parties' designated outcome.This development suggests a new focus for the doctrine and theories of contract law.Our primary goal in this Article is to introduce and develop that new focus.For example, self-driving contracts are both complete and incomplete.They are complete in that they specify actions for every contingency.This reduces the likelihood of breach and renegotiation.It also means that notions of efficient breach and ex post hold-up will be of reduced importance in contract law.At the same time, self-driving contracts are also incomplete in ways that render current notions ofdefiniteness and mutual assent irrelevant or at best misleading.Perhaps most importantly, with contracts being interpreted by their own internal software, contract law will have to focus on where that software comes from and how it operates.Markets will arise for third-party vendors who either certify or provide independent contract programming.In some cases, these will be new markets; in others, they will evolve from existing markets such as the market for contract arbitrators.Law will play a role in supporting and overseeing these markets.We explore that role, and how it will differ in markets for contracts between sophisticated parties and in markets for consumer contracts.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.009
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.096
Threshold uncertainty score0.320

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.009
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0020.001
Scholarly communication0.0040.002
Open science0.0010.002
Research integrity0.0020.001
Insufficient payload (model declined to judge)0.0960.009

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.302
Teacher spread0.279 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations10
Published2017
Admission routes1
Has abstractyes

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