
SMART CONTRACTS
A Definition
Currently, there exist various definitions of smart contracts with differing terms that have complicated issues in the legal sector. With a different understanding of smart contracts themselves, diverse interpretations can lead to confusion and conflict across jurisdictions. In the United States, some define smart contracts as automated contracts that are self-executing, with specific instructions in its software code to execute actions once certain conditions are met [3]. However, others describe smart contracts as sets of promises written in digital form which include protocols within which the parties perform the agreed-upon promises [4].
Although the wording may change, most definitions agree upon three characteristics:
Deterministic: This means that smart contracts’ operations would produce the same predefined results no matter the environmental factors such as a different computer being used, or being activated at a different point in time [5, 6].
Terminable: The program must stop executing itself within a given time limit. In other words, there needs to be some measures to ensure that there is a way of “killing” the contract so that it doesn’t end up in an infinite loop which will drain time, energy and contact between parties that could be used for another smart contract.
Isolated: On a blockchain, anyone can upload a smart contract. Since they could knowingly and unknowingly contain viruses and bugs, each smart contract needs to be isolated to protect the entire system [7]. These characteristics ensure that smart contracts are manageable and self-executing.