Contract Law and Smart Devices

Research output: Chapter in Book/Report/Conference proceedingChapter in a book

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37 Downloads (Pure)

Abstract

This chapter gives an overview of contract law issues that arise in relation to goods with digital elements. The aim of the analysis is to identify areas in which contract law, in its current shape, fails to address problems which may occur in transactions involving smart devices. The chapter consists of two main parts. The first part of this chapter concentrates on sales law and investigates contracts for the purchase of a smart device. The analysis focuses on the EU Sale of Goods Directive, which is applicable to consumer sales contracts, as well as on areas remaining beyond the scope of the directive, that is, C2C and commercial contracts, including contracts governed by the UN Convention on Contracts for the International Sale of Goods (CISG). The second part of this chapter examines contracts concluded via a smart device, thus, instances in which a smart device is used as a means to enter into a contract.
Original languageEnglish
Title of host publicationResearch Handbook in Data Science and Law
EditorsVanessa Mak, Eric Tjong Tjin Tai, Anna Berlee
PublisherEdward Elgar Publishing
Chapter3
Pages40-58
Number of pages19
Edition2nd
ISBN (Electronic)9781035316458
ISBN (Print)9781035316441
DOIs
Publication statusPublished - 13 Aug 2024

Publication series

NameResearch Handbooks in Information Law

Research Groups and Themes

  • Centre for Global Law and Innovation
  • Centre for Private and Commercial law

Keywords

  • smart devices
  • goods with digital elements
  • sale of goods
  • CISG
  • european private law
  • Sale of Goods Directive
  • Directive on Consumer Sales

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