ABSTRACT
This chapter shows that rectification and rescission are compatible with smart contracts and arguments to the contrary are incorrect. Smart legal contracts contain executable code installed on a computer. This code may be compiled into executable form – that is, understandable by a computer – from source code – that is, text understandable by a human or, at least, a computer programmer – and it may be supplemented by other natural language documents that have legal effect and may be interpreted in the usual way as part of the contract. The immutability by design of smart legal contracts brings with it a certain rigidity that may complicate enforcement of remedies such as rectification and rescission. Rectification and rescission have both developed techniques for dealing with past performance, so that courts can grant these remedies even when contracts are in the process of being performed. Applying the same techniques to future immutable performance yields a simple and logical approach to enforcement.
