scholarly journals AI Strict Liability Vis-À-Vis AI Monopolization

2021 ◽  
Vol 22 (1) ◽  
pp. 90-126
Author(s):  
Anat Lior
Keyword(s):  
Small Group ◽  
Emerging Technologies ◽  
Strict Liability ◽  
Legal Liability ◽  
Barriers To Entry ◽  
Small Companies ◽  
Insurance Policies ◽  
Ongoing Process

Some argue that applying a strict liability regime on AI-inflicted damages may allow well-financed big AI companies to monopolize the industry. They hypothesize that a strict liability regime would expose AI companies to significant legal liability. Since small AI companies lack the necessary resources to pay for damages inflicted by their AI technology, a strict liability regime could erect barriers to entry for these small companies. Ultimately, the argument continues, such a regime would give a small group of companies a virtual monopoly on the AI industry. Thus, some conclude that strict liability inherently stifles innovation and should not be applied to emerging technologies, such as AI. This Article maintains that legislators should adopt a strict liability regime, and it rejects the above argument for two reasons. First, there is no substantial connection between a strict liability regime and the AI monopolization that is already underway. Second, insurance policies could mitigate the effects a strict liability regime may have on the capabilities of small AI companies to enter and compete in this important market. Therefore, the ongoing process of monopolization of the AI market should not by itself render strict liability a non-viable regime when AI-inflicted damages occur.

Investors' Recovery Friction and Auditor Liability Rules

1999 ◽  
Vol 74 (2) ◽  
pp. 225-240 ◽  
Author(s):  
Suresh Radhakrishnan
Keyword(s):  
Strict Liability ◽  
Legal Liability ◽  
Liability Rules ◽  
Auditor Liability ◽  
Second Best ◽  
Contingent Fee ◽  
Litigation Cost

This paper examines investor welfare under two different liability regimes for holding auditors liable for investor losses, the due care and the strict liability regimes. In both regimes, the investor pays the expected legal liability cost to the auditor, and a portion of any subsequent damages awarded by the court is retained by the lawyer as a contingent fee, which is called the recovery friction. This study finds that the presence of the recovery friction leads to second-best efforts by the auditor and the manager. Investor welfare in the due care regime is higher than in the strict liability regime because the expected litigation cost for the investor is lower. Investor welfare is higher in the due care regime than in the strict liability regime even when audit effort in the due care regime is lower than audit effort in the strict liability regime.

Cooperative Technology Development in Hong Kong

1993 ◽  
Vol 7 (3) ◽  
pp. 155-162
Author(s):  
W. Michael Denny ◽  
Winston W. Liang
Keyword(s):  
Hong Kong ◽  
Technology Transfer ◽  
Product Development ◽  
Emerging Technologies ◽  
Technology Development ◽  
Tertiary Education ◽  
New Technology ◽  
Foreign Firms ◽  
Industrial Technology ◽  
Small Companies

Small Hong Kong companies are able to adapt quickly to changing conditions and once a new technology has been introduced into Hong Kong, it can spread quickly. However, small companies often have difficulty in identifying, acquiring, and integrating emerging technologies into their businesses because of the rapid proliferation of technology, its high cost, and complexity. Because of this, Hong Kong companies are increasingly forming partnerships among themselves, with Tertiary Education Institutions, and with foreign firms. Forming and maintaining such partnerships, however, requires the partners to overcome several obstacles; and a technology broker can play an important role in doing this. The Hong Kong Industrial Technology Centre is a new institution which combines incubator, technology transfer and product development and support activities.

scholarly journals Strict civil legal liability in civil law of the Russian Federation on the example of responsibility for inflicted moral distress

2020 ◽  
pp. 48-64
Author(s):  
Artemii Shleinov
Keyword(s):  
Russian Federation ◽  
Moral Distress ◽  
Strict Liability ◽  
Civil Law ◽  
Case Law ◽  
Legal Liability ◽  
Point Of View ◽  
Legal Doctrine ◽  
Entire History ◽  
The Russian Federation

The subject of this research is the examination of such civil law institution of the Russian Federation as the “no-fault liability”. Since the question of strict liability in the current doctrine of civil law is quite critical, the author views this problem through the prism of one of the paramount means of protection of the subjective civil law, namely through the prism of responsibility for inflicted moral distress, tracing its evolution throughout the entire history and considering the legislation and case law. The novelty consists in indicating the possibility of bringing to strict civil legal liability for inflicting moral distress. The author demonstrates the presence of strict legal liability within the civil law of the Russian Federation on the example of current Russian legislation. The article provides the doctrinal and legislative examples that prove this point of view. The novelty also consists in determination of presence of the principle of “strict liability: in the Russian civil law, as well as modeling of situations that this principle could be implemented in. The research results are valuable for future development of the Russian legal doctrine and case law.

Legal Liability for a Patient's Suicide

1986 ◽  
Vol 14 (3-4) ◽  
pp. 409-434 ◽  
Author(s):  
Elizabeth V. Swenson
Keyword(s):  
Informed Consent ◽  
Therapeutic Relationship ◽  
Strict Liability ◽  
Standard Of Care ◽  
Legal Liability ◽  
Fiduciary Duty ◽  
Traditional Theory ◽  
Contract Breach

Lawsuits alleging psychotherapist liability for a patient's suicide have increased in number recently. Although the traditional theory of negligence is still popular, issues involving the standard of care and proof of causation are particularly difficult when one of the parties to the therapeutic relationship is not living. These problems have different implications when failure to prevent suicide is alleged than when a psychotherapist is said to have caused the suicide. In the latter, the presence of informed consent and assumption of the risk must be carefully evaluated as defenses. Alternative theoretical bases for these suits include implied contract, breach of fiduciary duty, and strict liability.

scholarly journals Research instrumentation for studying levels and components of intra-group attraction in work groups attraction in work groups

2018 ◽  
Vol 9 (3) ◽  
pp. 127-136
Author(s):  
A.V. Sidorenkov ◽  
O.Y. Shipitko
Keyword(s):  
Factor Analysis ◽  
Small Group ◽  
Internal Consistency ◽  
Work Groups ◽  
Interpersonal Attraction ◽  
Small Companies ◽  
Validity And Reliability ◽  
Group Attraction ◽  
Small Production ◽  
Three Components

The existing approaches to understanding the attraction and methods of its study are indicated. There are three levels of attraction in a small group — interpersonal, microgroup and group attraction, each of which includes three components — subjective, communicative and activity-oriented. In accordance with this idea a questionnaire of interpersonal attraction and a questionnaire of group and micro-group attraction were developed. Each of the questionnaires includes three subscales for measuring the relevant components of the attraction. To assess the validity and reliability of the questionnaires, a survey was conducted in 18 small production groups — primary structural divisions in organizations and in small companies. The total number of respondents was 200 employees. For each questionnaire factor analysis was performed and the internal consistency of the subscales was assessed. It is shown that the questionnaires have validity and reliability. It is proved expedient to separate three subscales in each questionnaire. The main conclusions are drawn and the possibilities of using the developed tools for research and practical purposes are highlighted.

Legal Consequences of Disposable Dialyzer Reuse

1982 ◽  
Vol 8 (1) ◽  
pp. 1-25
Author(s):  
Scott G. Hallquist
Keyword(s):  
Adverse Effects ◽  
Health Risks ◽  
Strict Liability ◽  
Legal Liability ◽  
Dialysis Patients ◽  
Statutory Law ◽  
Legal Consequences

AbstractThis Article discusses potential legal liability for adverse effects resulting from reuse of disposable hemodialysis equipment. After explaining the dialysis process and the health risks involved with the reuse of dialyzers, the Article outlines possible theories of recovery for injured dialysis patients. The Article describes the possibility of recovery under a negligence theory against either the treating physician or the institutional provider, and includes a discussion of applicable statutory law. The remainder of the Article discusses possible recovery under the theory of strict liability.

Liability for damage caused using artificial intelligence technologies

2021 ◽  
Vol 28 (2) ◽  
pp. 150-159
Author(s):  
Roman А. Maydanyk ◽  
Nataliia І. Maydanyk ◽  
Maryna M. Velykanova
Keyword(s):  
Artificial Intelligence ◽  
Civil Rights ◽  
Strict Liability ◽  
Digital Technologies ◽  
Legal Liability ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Scientific Discussion ◽  
International Regulations ◽  
Statutory Regulation

Artificial intelligence technologies, which have recently been rapidly developing, along with indisputable advantages, also create many dangers, the implementation of which causes harm. Compensation for such damage raises questions regarding the subjects, the act in itself which caused the damage, the causality, etc. The situation is also complicated by the imperfection of statutory regulation of relations on the use of artificial intelligence technologies and the insufficiency or ambiguity of judicial practice on compensation for damage caused using digital technologies. Therefore, the purpose of this publication is to outline approaches to applying legal liability for damage caused using artificial intelligence technologies. Based on a systematic analysis using dialectical, synergetic, comparative, logical-dogmatic, and other methods, the study analysed the state of legal regulation of liability for damage caused using artificial intelligence technologies and discusses approaches to the application of legal liability for damage caused using these technologies. In particular, it was concluded that despite several resolutions adopted by the European Parliament, relations with the use of artificial intelligence technologies and the application of legal liability for damage caused by artificial intelligence have not received a final statutory regulation. The regulatory framework is merely under development and rules of conduct in the field of digital technologies are still being created. States, including Ukraine, are faced with the task of bringing legislation in the field of the use of artificial intelligence technologies in line with international regulations to protect human and civil rights and freedoms and ensure proper guarantees for the use of such technologies. One of the priority areas of harmonisation of legislation is to address the issue of legal liability regimes for damage caused using artificial intelligence technologies. Such regimes today are strict liability and liability based on the principle of guilt. However, the ability of a particular regime to perform the functions of deterring and compensating for damage caused using artificial intelligence technologies encourages scientific discussion

scholarly journals The Views of the Court of Arbitration for Sport and the Austrian Football Association on legal liability for the conduct of supporters

2018 ◽  
Vol 8 ◽  
Author(s):  
Ilya Vasilyev ◽  
Margarita Margarita Izmalkova ◽  
Raisa Khalatova
Keyword(s):  
Strict Liability ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Unacceptable Behavior ◽  
Objective Observer

The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated responsibility of supporters affects to the regulation by the association a strict liability of clubs for the behavior of fans. Using the practice of CAS, we may see a presumptive approach on the basis of an assessment of the situation by “a reasonable and objective observer” for the objective resolution of a dispute.

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