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  • 5 - AI and Contract Performance

  • from Part II - AI: Contracting and Corporate Law
  • Edited by Larry A. DiMatteo, University of Florida, Cristina Poncibò, Università degli Studi di Torino, Italy, Michel Cannarsa
  • Book:
    The Cambridge Handbook of Artificial Intelligence
    Published online:
    28 July 2022
    Print publication:
    11 August 2022, pp 59-73

  • 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).