The Cambridge Handbook of Private Law and Artificial Intelligence

The first dedicated treatment of the interface between AI and private law, and the challenges AI poses for private law.

Ernest Lim (Edited by), Phillip Morgan (Edited by)

9781108845595, Cambridge University Press & Assessment

Hardback, published 28 March 2024

700 pages
26.2 x 18.5 x 4.2 cm, 1.48 kg

'Social change drives legal change. Statutes respond to new social problems and court decisions resolve disagreements between litigants whose interactions are conditioned by evolving social context. The causal flow also goes the other way: legislation and judgments aim to alter social relations and sometimes have this effect (though not always in the way that lawmakers intend). Technological developments provide well-known examples of these phenomena and developments in artificial intelligence are set to do the same, in more or less-predictable ways. Until now, the focus of academic discussion of the interplay between AI and the law has been on regulation, but as the wide-ranging contributions to this important new volume make clear, the interplay between AI and private law is another rich field for scholarly examination.' Charles Mitchell KC (Hon), FBA, Professor of Laws, University College London

AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.

Introduction Ernest Lim and Phillip Morgan
1. AI for lawyers: a gentle introduction John A. McDermid, Yan Jia and Ibrahim Habli
2. Computable law and AI Harry Surden
Part I. Law of Obligations: 3. Contract law and AI: AI-infused contracting and the problem of relationality – Is trustworthy AI possible? T. T. Arvind
4. Self-driving contracts and AI: present and near future Anthony J. Casey and Anthony Niblett
5. Consumer protection law and AI Jeannie Marie Patterson and Yvette Maker
6. Tort law and AI: vicarious liability Phillip Morgan
7. Automated vehicle liability and AI James Goudkamp
8. Legal causation and AI Sandy Steel
9. Product liability law and AI: revival or death of product liability law Vibe Ulfbeck
10. Appropriation of personality in the era of deepfakes John Zerilli
11. Agency law and AI Daniel Seng and Tan Cheng Han
12. Trust law and AI Anselmo Reyes
13. Unjust enrichment law and AI Ying Hu
Part II. Property: 14. Property/Personhood and AI: the future of machines Kelvin F. K. Low, Wan Wai Yee, and Wu Ying-Chieh
15. Data and AI: the data producer's right — an instructive obituary Dev S. Gangjee
16. Intellectual property law and AI Anke Moerland
17. Information intermediaries and AI Daniel Seng
Part III. Corporate and Commercial Law: 18. Corporate law, corporate governance and AI: are we ready for robots in the boardroom? Deirdre Ahern
19. Financial supervision and AI Gérard Hertig
20. Financial intermediaries and AI Iris H-Y Chiu
21. Competition law and AI Thomas Cheng
22. Sales law and AI Sean Thomas
23. Commercial dispute resolution and AI Anselmo Reyes and Adrian Mak
24. Insurance law and AI: demystifying InsurTech Özlem Gürses
25. Securities regulation and AI: Regulating robo-advisers Eric C. Chaffee
26. Employment law and AI Jeremias Adams-Prassl
Part Comparative Perspectives: 27. Data protection in EU and US law and AI: what legal changes we should expect in the foreseeable future? Ugo Pagallo
28. Legal personhood and AI: AI personhood on a sliding scale Nadia Banteka
29. EU and AI: lessons to be learned Serena Quattrocolo and Ernestina Sacchetto
Index.

Subject Areas: IT & Communications law [LNQ]