Smart is the new black! We use smart-phones to make calls, smart-watches to check the time, and watch news on smart-TVs, while sipping tea prepared by a smart-kettle. Smart-cars driving us through the streets of smart-cities to our smart-homes, while we are doing a bit of smart-working, are just around the corner.
The legal profession is trying to smarten up too, but there is one “smart” that lawyers still approach with caution: smart contracts. In the last two or three years they have generated a lot of hype, with some commentators predicting that they will fundamentally change how we contract with each other, eventually eradicating the need for lawyers to draft contracts and for judges to adjudicate on them. These contracts will be so smart that they will do whatever is required automatically, leaving no room for non-performance, competing interpretations or disputes. Sounds fantastic; but is it feasible and how exactly are these smart contracts different from conventional contracts?