Electronic agents are playing an increasingly active role in the negotiation, formation and execution of contracts. A fundamental characteristic of electronic agents that distinguishes them from other software agents is their autonomy. Such agents operate without the direct intervention of human beings or other agents, and have some degree of control over their actions and internal states [Russell & Norvig, 1995].[1]
Some of the issues being discussed in a number of disciplines such as Computer Science, Cognitive Science and Logic are how such agents should behave in order to fulfil their contractual obligations, with issues like trust and security at the forefront. Legal norms may also regulate, to a greater or lesser degree, the behaviour of contracting parties both during the negotiation and contract formation stage and also, once a contract has been concluded, in its performance or execution stage by the imposition of certain standards of behaviour which the parties should follow. An important criterion for contractual behaviour in civil law systems is the requirement that parties should negotiate, conclude and carry out contracts in good faith (bona fides). In common law countries, there is no general rule requiring the parties to conform to good faith. English jurists prefer the term “fair dealing” – a term which appears to be a more objective test of
fairness to pragmatic, common law lawyers.[2]
This paper is part of ongoing research on the role of good faith and fair dealing in contract formation and performance. After briefly touching upon this duty in the precontractual stage, it will focus on the principle of good faith and fair dealing in the performance stage of the contract, with a view to establishing what standards of behaviour are legally expected and required at that stage.[3] It is presumed that where contracts are to be negotiated and performed by electronic agents, such agents would need to conform to these standards of behaviour. Nowadays it is not only possible for agents to actually negotiate and conclude contracts on behalf of a party – a fact recognised expressly in the legislation of some countries[4] - but also to perform part or, in some cases, even all of that party’s obligations in the contract.
请不要用在线翻译的哦,这个翻译出来的东西我还要改得很辛苦的