Algorithmic Mistake and Contractual validity in B۲C۲ v Quoine: Comparative Analysis in CISG Provisions, with an overview of Iranian, French, Singaporean and Common law Perspectives

Algorithmic mistake as a relatively new concept has originated from classical rules, case law and doctrines about contractual mistakes. In B۲C۲ vs Quoine, the concept of mistake of value was further developed in Singaporean Court case law. By recoursing to established legal systems rules about mistake, including “ duality of unilateral mistake and equity” in common law, “relative nullity, absolute nullity and defects of consent in substance, formation and essential qualities of the contract” in French law, and specific rescission provision of “Khiare Ghabn” in Iranian law, this paper mitigates the opacity of Article ۴(۱) and Article۷(۲) of the Convention on the International Sale of Goods (CISG). European Union harmonized Contract attempts and UNIDROIT principles accommodate suggested framework for plausible amendments to CISG to fill the legal unification gap in practice of international commerce. Methodologically, this paper explores various legal mechanisms that undermine the validity of contract in such algorithmic errors via an interdisciplinary and comparative approach.

کلیدواژه ها:

CISG ، Algorithmic Mistake ، Contract Law ، Nullity ، Common Law ، French Law ، Singaporean Law ، Iranian Law