AI-made Mistakes in the Contract Formation

So far, both the policy-makers and researchers have predominantly focused on two aspects of AI participation in the contractual domain, legal personality and responsibility for AI. As pressing those aspects might be, they leave many doctrinal questions unanswered in between, one of them being the issue of contractual mistakes. One can argue that this question is crucial, as it lays in the foundation of the societal trust in utilising AI for contracting purposes. As Vasant Dhar quite correctly puts it, with AI getting smarter through access to statistical and well-structured human data and being able to make legally relevant decisions on its own, ‘we would similarly need to consider what kinds of mistakes they make and their consequences to design the appropriate regulation’.