Intelligent agents and contracts: Is a conceptual rethink imperative?

The emergence of intelligent software agents that operate autonomously with little or no human intervention has generated many doctrinal questions at a conceptual level and has challenged the traditional rules of contract especially those relating to the intention as an essential requirement of any contract conclusion. In this paper, we will try to explore some of these challenges, and shed light on the conflict between the traditional contract theory and the transactional practice in the case of using intelligent software agents. We will try further to examine how intelligent software agents differ from other software applications, and consider then how such differences are legally relevant. This paper, however, is not intended to provide the final answer to all questions and challenges in this regard, but to identify the main components, and provide perspectives on how to deal with such issue.