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8 - Legal Causation and AI

from Part I - Law of Obligations

Published online by Cambridge University Press:  21 March 2024

By
Sandy Steel
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

There are two core problems with private law’s causal rules in an AI context: 1) a problem of proof due to opacity, and 2) autonomy. Further, if AI is capable of being considered an intervening agent, using AI would have liability-avoiding effects. There may be particular problems with informational and decisional AI. Consideration is given to whether, in certain contexts, AI justifies a departure from the ordinary principles of causation.

Keywords

Causationcausal rulesproblem of proofintervening agentremoteness
Type
Chapter
Information
The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 189 - 205
Publisher: Cambridge University Press
Print publication year: 2024

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  • Legal Causation 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/10.1017/9781108980197.010
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  • Legal Causation 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/10.1017/9781108980197.010
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.

  • Legal Causation 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/10.1017/9781108980197.010
Available formats
×