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11 - AI as Agents

Agency Law

from Part III - AI and Liability

Published online by Cambridge University Press:  28 July 2022

By
Pınar Çağlayan Aksoy
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 AI agent does not have legal personality. It cannot be sued in court and it has no patrimony. Therefore, applying the law of agency seems to depend on granting intelligent agents a legal personality. Without legal personality, no declaration of intent would exist; without a declaration of intent, the law of agency is not applicable. Applying agency law principles to the problems that arise as a result of transactions generated by AI agents creates more problems than solutions. Therefore, applying the law of agency seems to depend on granting intelligent agents a legal personality.

Keywords

AI agentsagency lawintelligent agents animus contrahendi (intention to create legal relations)AI as toolagents in the legal sensedeclaration of intent
Type
Chapter
Information
The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
 , pp. 146 - 160
Publisher: Cambridge University Press
Print publication year: 2022

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