A Framework for AI-Made Mistakes in German and English Contract Law

A Legal, Psychological and Technical Inquiry
2024
ISBN: 978-3-031-61998-4
Verlag: Springer Nature Switzerland

Buch, Englisch, Band 5, 214 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 506 g

Reihe: Data Science, Machine Intelligence, and Law

This book tries to answer the question “What happens if an AI system makes a mistake while contracting?” by applying an interdisciplinary and comparative legal methodology. It offers a tantalizing glimpse into the intricate web of legal, psychological, and technical phenomena involved, and how they are interconnected within the realm of contractual mistake doctrine as we know it today.

It covers a wide range of topics, including the common origins of German and English contract law, the pivotal role of intentions as a prerequisite for effectual contracts in both jurisdictions, the classification of and psychological approach to contractual mistakes, and the complexities of AI’s participation in contract law. Particular attention is paid to the juxtaposition of human- and AI-made mistakes from the perspective of information processing. As a result, the book offers a jurisdiction-agnostic framework for AI-made contractual mistakes that can aid legislators and policymakers in their deliberations on the regulation of AI in contract law. The framework considers cultural and historical differences between German and English contract law, and thus proposes an approach that can fit both (and potentially other similar) jurisdictions with minor adjustments.

In addition to these novel discussions, the work explores the views of prominent scholars and international experts in the field. As such, it will appeal to researchers and scholars in the fields of law, technology, psychology, and (especially) Artificial Intelligence. By presenting “a framework for AI-made mistakes in German and English contract law,” Dr. Ismayilzada offers a valuable contribution to the field, inviting readers to explore the uncharted territory of AI and the law. Join the author on this intellectual journey and gain insights that will redefine your perception of contracts in the age of AI.

Zielgruppe

Research

Autoren/Hrsg.

Ismayilzada, Turkhan

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht
• Sozialwissenschaften Medien- und Kommunikationswissenschaften Medienwissenschaften Medienphilosophie, Medienethik, Medienrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Bürgerliches Recht

Inhaltsverzeichnis

Introduction.- The Mistake Doctrine in German and English Contract Law.- A Psychological Approach to Contractual Mistakes.- Technical Overview of AI and its Participation in the Contract Formation.- AI-made Mistakes in the Contract Formation.- Conclusion and Outlook.

Über Autor(innen)

Dr. Turkhan Ismayilzada, LL.M. is a multilingual international lawyer with experience both in private and public sectors, as well as in academic teaching in Germany and in Azerbaijan. He holds LL.B. degree from Baku State University, LL.M. in International Business Transactions from University of San Francisco, School of Law and PhD in Law from Martin Luther University of Halle-Wittenberg, all with highest distinction. Dr. Ismayilzada is currently Senior Associate at PwC Germany's NewLaw Team, where his professional focus areas lie within Legal Tech and Generative AI in Legal Domain. Previously he has co-established as Legal Engineer and later on was Deputy Head of the Innovation Lab at juris GmbH - the biggest legal information service provider in Germany.