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1 results

  • 13 - Unjust Enrichment Law and AI

  • from Part I - Law of Obligations
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book:
    The Cambridge Handbook of Private Law and Artificial Intelligence
    Published online:
    21 March 2024
    Print publication:
    28 March 2024, pp 287-304

  • Summary

    Unjust enrichment is a plausible cause of action for individuals whose data has been collected and used without their consent, to train, develop, or improve AI systems, or which has been sold for such purposes. Disgorgement of profits may be possible in some situations where the defendant has unlawfully collected or used personal data. Gain-based remedies have a number of advantages in this context, including the fact that it may be relatively easy to ascertain the gain, but demonstrating the loss will be considerably harder. However, contractual pre-emption may limit the utility of claims for unjust enrichment.