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Neurotechnology & the law: contract law

240515
Harry Lambert & Dr Michelle Sharpe set out how neurotech presents new ways to evidence contractual consent, & new ways to erode it
  • Neurotech can both strengthen and undermine contractual consent. P300 attention signals may create auditable records showing which disclosures a user actually engaged with, but the same data can be used to manipulate consumers.
  • Undue influence and unconscionable conduct can capture neurotech-enabled exploitation, while statutory consumer protection regimes focus on trader behaviour, including manipulative design or inadequate oversight.
  • Current laws are often hard to enforce where harms are small and opaque, prompting calls for specialist regulators, guardrails, and auditable oversight in neurotech development.

Consumer neurotech devices that read and respond to brain and nerve activity are commercially available. A brain–computer interface (BCI) can be used to make purchases, confirm in-app transactions, and interact with online marketplaces. This has the potential to radically reshape how contracts are formed and enforced in the digital marketplace.

This article explores how neurotech

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Bellevue Law—Lianne Craig

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NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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