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6 - Tort Law and AI

Vicarious Liability

from Part I - Law of Obligations

Published online by Cambridge University Press:  21 March 2024

Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

AI will disrupt the existing tort settlement. Tort law should be tech-impartial – that is, it should not encourage or discourage the adoption of new technologies where they generate the same level of risk, and victim rights should not be eroded by the use of new technologies in place of existing systems of work. Existing tort law is poorly suited to address some AI challenges, and a liability gap will emerge as systems replace employees since AI does not have legal personality and cannot commit a tort. A form of AI statutory vicarious liability should apply in commercial settings to address the liability gap and as the tech-impartial solution.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Tort Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.008
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  • Tort Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Tort Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.008
Available formats
×