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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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