Citation

Cheong, May Fong and Zou, Mimi (2025) Resolving Wrongs in Algorithmic Contracting: Applications of the Doctrines of Unconscionability. University of New South Wales Law Journal, 48 (4). pp. 1399-1426. ISSN 03130096

Text 48(4)-article9-Cheong-and-Zou.pdf - Published Version Restricted to Repository staff only Download (361kB)

Abstract

Algorithmic contracting has introduced unique complexities to the law. Deterministic algorithms and particularly opaque, non-deterministic machine learning and artificial intelligence systems, can exacerbate existing imbalances between contracting parties. In Quoine Pte Ltd v B2C2 Ltd, the doctrine of mistake could not resolve the dispute concerning algorithmic errors, which caused cryptocurrency trades to execute at 250 times market value. A review of equitable unconscionability in Australia, England, and Singapore shows the doctrine must be reshaped to meet the complexities of algorithmic contracting. We argue that statutory adaptations of unconscionability offer a promising path forward. The High Court of Australia’s application in Productivity Partners v Australian Competition and Consumer Commission of a ‘system of conduct’ under section 21(4) (b) of the Australian Consumer Law and the ‘sliding scale’ balancing of procedural and substantive unconscionability under section 2-302 of the United States Uniform Commercial Code provide potential avenues for addressing imbalances from algorithmic contracting.

Item Type:	Article
Uncontrolled Keywords:	Algorithmic contracting
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Rosnani Abd Wahab
Date Deposited:	17 Apr 2026 09:28
Last Modified:	20 Apr 2026 01:03
URII:	http://shdl.mmu.edu.my/id/eprint/15732

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