Using intelligent software agents in the world of e-commerce may give rise to many difficulties especially with regard to the validity of agent-based contracts and the attribution of liability for the actions of such agents. This paper thus critically examines the main approaches that have been advanced to deal with software agents, and proposes the gradual approach as a way of overcoming the difficulties of such agents by adopting different standards of responsibility depending whether the action is done autonomously by (...) an unattended software, or whether it is done automatically by an attended software. Throughout this paper, it is argued that the introduction of “one size” regulation without sufficient consideration of the nature of software agents or the environments in which they communicate might lead to a divorce between the legal theory and technological practice. It is also concluded that it is incorrect to deal with software agents as if they were either legal persons or nothing without in any way accounting for the fact that there are various kinds of such agents endowed with different levels of autonomy, mobility, intelligence, and sophistication. However, this paper is not intended to provide the final answer to all problematic questions posed by the emergence of intelligent software agents, but is designed to provide some kind of temporary relief until such agents reach a more reliable and autonomous level whereby law begins to regard them, rather than their users, as the source of the relevant action. (shrink)

The question of liability in the case of using intelligent agents is far from simple, and cannot sufficiently be answered by deeming the human user as being automatically responsible for all actions and mistakes of his agent. Therefore, this paper is specifically concerned with the significant difficulties which might arise in this regard especially if the technology behind software agents evolves, or is commonly used on a larger scale. Furthermore, this paper contemplates whether or not it is possible to share (...) the responsibility with these agents and what are the main objections surrounding the assumption of considering such agents as responsible entities. 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 some perspectives on how to deal with such issue. (shrink)

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. (shrink)