Publication Type

Book Chapter

Version

publishedVersion

Publication Date

9-2026

Abstract

Contracts are at once simple and complex. At root, each is an agreement entered into between two or more persons who are legally bound to observe its contents. From there, infinite variations arise. One sees categorical differences in the parties to the contract, its subject matter, the mode of contracting, the process by which agreement was reached, and so on. Because of the first-mentioned commonality, many jurisdictions have a single system of domestic contract law applying generally to all types of contracting arrangements and parties. Sometimes, a sub-system is additionally bolted on for specific types of contracts, a well-known example being sale of goods legislation. It is marvellous for the value of certainty. More debatable is the notion that this promotes better understanding and application of the law. But, putting all of that aside, with our extant common law rules and principles of contract law having largely been created in, and for, a much earlier era, a non-lawyer might express puzzlement over our fixation with hermetically fitting all manner of contracting arrangements within one largish system. There also exist discrepancies between the rules and principles of contract law as formally stated and their actualisation in practice. Certainly, this problem should be attacked, as many do from different angles such as through theoretical and empirical studies. Judges, legislators, regulators and academics possessing practical experience and scholarly learning often also suggest ways to minimise or mitigate misalignments. All of them would readily concede that the job is never complete. History reliably informs us that novel challenges keep arising – most recently, those in respect of the adoption of new technologies – which result in the enterprise of contract law reform being one without end. In this chapter, we consider how advanced AI-driven automation – including but not limited to generative AI – and emerging computational frameworks can upend the orthodox approach and content of classical contract law in the common law tradition. With Singapore as a focal jurisdiction, we select an approach that forecasts into the medium-term to intentionally reveal possible controversies, while accounting for reasonable objections. Our tentative conclusion is that new rules, principles and assumptions may be required to better accommodate the ongoing modularisation of contract law.

Discipline

Contracts | Law

Research Areas

Corporate, Finance and Securities Law

Areas of Excellence

Growth in Asia

Publication

Asia-Pacific contract law, volume 1: The digital world in context

Volume

1

First Page

15

Last Page

37

ISBN

9781509984220

Publisher

Hart Publishing

Embargo Period

4-22-2027

Additional URL

https://www.bloomsbury.com/uk/asiapacific-contract-law-volume-1-9781509984220

Download

Available for download on Thursday, April 22, 2027

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Contracts Commons

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