Private Law and Intelligent Machines : Continuity and Reform

This book analyses the extent to which the common law can accommodate the new issues arising from the AI revolution, and where legislation may instead be necessary.

In doing so, the book takes into account not only doctrinal principles but also conceptual and theoretical foundations of common law.

Over the next few decades, the use of AI in commercial and other transactions is likely to be one of the most disruptive influences ever to affect private law. Its impact will be wide and deep, affecting not simply the traditional areas of contract and tort but also agency, trusts, fiduciary relations and a great deal besides.

The common law is known to be extremely flexible, and to some extent rules can be organically stretched and manipulated to respond to disruption of this kind. However, there is equally no doubt that such organic development is not enough on its own, and will have to be supplemented by legislative alterations and at times serious changes of thinking.

The book therefore discusses how established legal doctrines and principles in private law need to be reconsidered in view of the increasing pervasiveness of intelligent machines capable of taking decisions.

The analysis contained in this book provides a key contribution to ongoing debates regarding potential law reform, not only in England and Wales but also in other common law jurisdictions.