Chapter 1 sets the stage for the challenge that the American jury system faces. Citizens receive a jury summons requiring them to appear in court. They are often dismayed when they receive their summons. Those who heed it often do so reluctantly. The traditional view of the summons is that it is just an isolated step designed to bring a sufficient number of prospective jurors to the courthouse. The transformation view, however, is that the experience of receiving a summons and going to the courthouse are unusual events that begin to transform the outlook and behavior of those who are ultimately selected as jurors. Even at this early stage of the jury process, there are steps that courts can take to assist in the transformation of citizens into jurors. They can design summonses that are written clearly, provide answers to frequently asked questions, and reassure citizens that they do not need any special knowledge to serve as jurors. The summons, which courts view mainly as a vehicle to bring citizens to the courthouse, should instead be viewed as a form of outreach that begins the transformation of citizens into responsible jurors.

The chapter focuses on an important part of contract law, namely the law of excuses, in the context of smart contracts development. Smart contracts are supposed to secure actual performance, but to be able to do so appropriately, they need to take into account the possibility that a contract party may raise a valid excuse for non-performance of his obligations. Smart contracts should be able to deal with the possibility of at least some excuses; hence, this analysis may test the suitability of smart contracts for actual contracting. The chapter provides a comparative overview of excuses and hardship, culminating in a “common core” of the rules of various jurisdictions, and investigates whether and how excuses can be dealt with in smart contracts. This analysis shows some limitations of smart contracts, which leads to a more general discussion about possibilities and limitations of smart contracts.