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Common law solutions to AI problems

The common law is flexible enough to address many of the legal issues arising from artificial intelligence (AI), the UK Jurisdiction Taskforce has concluded

Its legal statement on liability for AI harms, published last week, stated negligence and professional liability can be applied where harm occurs. It also highlighted uncertain areas in the law, for example, whether product liability law applies to both AI-embedded products and standalone AI software as well as situations where harm occurs but negligence cannot be evidenced.

Law Society vice president Brett Dixon said: ‘This represents an important step in recognising the interaction between AI systems and liability in private law.

‘It also demonstrates the law of England and Wales can respond to important AI developments around consumer protection, transparency and the value of regulated professions.’

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