ARTICLE
20 August 2018

Blockchain Smart Contracts Are Neither Smart Nor Contracts

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Foley & Lardner

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Smart Contracts are basic to creating and verifying blocks in Blockchain, and Wikipedia defines a Smart Contract "is a computer protocol intended to digitally facilitate, verify, or enforce the negotiation...
United States Technology

Smart Contracts are basic to creating and verifying blocks in Blockchain, and Wikipedia defines a Smart Contract "is a computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract." But if you study that definition really Smart Contracts are computer programs which are "made partially or fully self-executing, self-enforcing, or both."

Under the law a contract is created between at least two parties after there has been an offer, an acceptance, and some consideration (something of value even only $10).

To make things a little more complicated parties to Blockchain transactions can be anonymous.

As a result it is possible that court would have difficulty enforcing a Smart Contract if a court does not know what precisely was offered, accepted, and what consideration may been provided, nor be able to identify an anonymous party to the Smart Contract.

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