Contracting through Automated Computer Programs according to the Provisions of the Jordanian Civil Law: A Comparative Study

Automated software applications are widely used today in the process of forming electronic contracts. Applying traditional contract theory may challenge the ability of automated computer applications to bind users, particularly regarding their participation in the contract formation process and their legal capacity to conclude such contracts. Questions also arise concerning legal liability in cases of errors that may occur during the formation of contracts using these applications. This paper examines the extent to which these applications possess legal personality, enabling them to enter into contractual relations on behalf of the users who choose to utilize them—especially since there is no legal prohibition against their use in various electronic transactions. The variety of terms used to describe these automated programs—such as electronic agents or electronic intermediaries—by lawmakers and jurists may legitimize these programs as parties in legal relationships, authorized to enter into legal obligations. This research also explores the approach of the Jordanian legislator regarding the use of automated computer programs and their capacity to form electronic contracts. It assesses the applicability of general contract principles to their use in contract formation and compares the legal effects in some Arab legislations.