Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

Publisher:
Carleton University
Publication Type:
Journal Article
Citation:
Technology Innovation Management Review, 2017, 7 (10), pp. 10 - 17
Issue Date:
2017-10-27
Full metadata record
Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet. This article aims to fill that gap by exploring blockchain-based smart contracts primarily as noncontractual social exchanges.
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