Submission to the Law Commission Call for Evidence on Smart Contracts

15 Pages Posted: 21 Apr 2021

See all articles by Benjamin Hayward

Benjamin Hayward

Monash University - Department of Business Law & Taxation

Lisa Spagnolo

Monash University - Faculty of Law

Drossos Stamboulakis

Monash University - Faculty of Law

Date Written: March 29, 2021

Abstract

On 17 December 2020, the Law Commission for England and Wales opened a public call for evidence on the topic of the existing law's ability to adequately regulate smart contracts. This Submission is a response to that call for evidence. It addresses the United Nations Convention on Contracts for the International Sale of Goods (the CISG), which although not yet adopted by the UK, still has (on the existing state of the law) the capacity to regulate contracts entered into by UK traders. This Submission addresses the CISG's contract formation rules, and application rules, as they relate to smart contracts: and in doing so responds to the two corresponding chapters in the Law Commission's call for evidence.

Suggested Citation

Hayward, Benjamin and Spagnolo, Lisa and Stamboulakis, Drossos, Submission to the Law Commission Call for Evidence on Smart Contracts (March 29, 2021). Available at SSRN: https://ssrn.com/abstract=3822806 or http://dx.doi.org/10.2139/ssrn.3822806

Benjamin Hayward (Contact Author)

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

Lisa Spagnolo

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Drossos Stamboulakis

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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