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Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.
This leading casebook covers all major aspects of tort law with expertly edited cases and original text. The principal focus of this book is the law of negligence, strict liability, and no-fault legislation as alternative approaches to compensating the victims of accidental harm and creating optimal incentives for safety. The chapter on intentional torts has been restructured to facilitate its use to start off the course for those instructors desiring to do so. The book also includes comprehensive chapters on products liability, damages and insurance, defamation, privacy, economic torts, and a revamped and updated chapter on alternatives to tort law, including the "tort reforms" of the past half century. Notes and questions following principal cases are designed to supplement students' knowledge about the subject matter of the case and related areas as well as to encourage them to think critically about judicial opinions and tort policy. This Eleventh Edition reflects evolving developments in recent case law and legislative activity, as well as materials and commentary ranging from the soon-to-be completed Third Restatement project on Intentional Torts to continuing tort issues arising from the Internet to important civil justice issues of the day.
A state-of-the-art study of products liability, showing how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace. The rule of strict products liability from the last century has been transformed into a more comprehensive liability regime - "strict products liability 2.0" - that incorporates the risk-utility test into the consumer-expectations framework of strict products liability. Across the important issues, this form of liability sharpens the inquiry about what's at stake, supplying strong rationales for a host of otherwise contentious doctrines - from federal preemption to the relevance of scientific evidence in toxic-tort cases. The analysis throughout relies on extended discussion of the black-letter rules and associated controversies in the case law, providing a solid foundation for understanding this vitally important area of the law.
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