Contractual deepfakes: Can Large Language Models generate contracts?

Matthew Beamish
(2026) 40 Journal of Contract Law 107

Eliza Mik, ‘Contractual deepfakes: Can Large Language Models generate contracts?’ (2026) 40 Journal of Contract Law 71

Abstract

Notwithstanding their unprecedented ability to generate text, LLMs do not understand the meaning of words, have no sense of context and cannot reason. Their output constitutes an approximation of statistically dominant word patterns. And yet, the drafting of contracts is often presented as a typical legal task that could be facilitated by this technology. This paper seeks to put an end to such unreasonable ideas. Predicting words differs from using language in the circumstances of specific transactions and reconstituting common contractual phrases differs from reasoning about the law. LLMs seem to be able to generate generic and superficially plausible contractual documents. In the cold light of day, such documents may turn out to be useless assemblages of inconsistent provisions or contracts that are enforceable but unsuitable for a given transaction.