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5 - AI and Contract Performance

from Part II - AI: Contracting and Corporate Law

Published online by Cambridge University Press:  28 July 2022

By
André Janssen
Edited by
Larry A. DiMatteo ,
Cristina Poncibò  and
Michel Cannarsa
Larry A. DiMatteo
Affiliation:
University of Florida
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
Michel Cannarsa
Affiliation:
Catholic University of Lyon, France
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Summary

The autonomy inherent in AI systems brings legal challenges. The reason is that it is no longer possible to predict whether and how explanations and actions emanating from AI systems originate and whether they are attributable to the AI system or its operator. The core research is whether the operator of AI systems is contractually liable for the damage caused by its malfunctioning. Is contract law sufficiently prepared for the use of AI systems for contract performance? The answer is provided through a review of the common law, CISG and the German Civil Code (BGB).

Keywords

contract performance damagesAI-lawrobotsdronesforeseeablitystrict liabilityfaultde lege latade lege ferenda
Type
Chapter
Information
The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
 , pp. 59 - 73
Publisher: Cambridge University Press
Print publication year: 2022

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