A legal report explaining the potential risk of exposing

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Law Assignment

A legal report explaining the potential risk of exposing Henry VIII to liability in Tort.

Issues presented

The use of Artificial Intelligence raises concerns on the robot’s responsibility with regards to the law and the owner’s liability. The robot can be trained to perform specific tasks similarly by imitating human operations. Consequently, robots like humans are prone to mistakes and errors that contribute to the manufacturer’s liability. Regarding the legal requirements and manufacturer’s liability, who is responsible for Henry VIII dramatic events? Is the manufacturer or owner liable? Could Henry VIII be held accountable for any dramatic events? Can Henry VIII perform several tasks? Does Henry VIII consider emotions and intimacy in human relations?

Discussions

Advanced technological change has led to complicated artificial intelligence and applications. In addition to the positive impacts of Henry VIII will provide, for instance, increased production and reduces indirect costs incurred in production. Henry VIII is expected to substitute human labor and potentially reduce the risk associated with errors and efficiency in dangerous and delicate circumstances. Alternatively, the progress with technological advancements has negative implications as well. The potential liability associated with artificial intelligence is a failure to be appropriately understood by owners in performing designated tasks, Asaro (2016). Henry VIII follows programmable procedures based on gathered human experiences. The potential risks associated with developing Henry VIII is the efficiency and potential is uncertain. The robot performs specific tasks but fails to account for performance in different tasks.

Alternatively, considering a hypothetical incidence where a homeowner purchases Henry VIII, the product has Wi-Fi capabilities and performs similar tasks to humans. The homeowner installs fire sensors to enable Henry VIII to detect fire during operations. Henry VIII is particularly preferred because of customer specifications and the low cost of internet products. After a while, she discovers Henry VIII’s response to smoke and fire was relatively low because the software was hacked due to low cybersecurity protection. Henry VIII has inadequate responses to fire. During the standardized procedures, the Henry VIII system had not considered the smoke detector to be a threat. About the case, the authorities will decide the product’s defectiveness with the manufacturer’s obligation.

Statement of Facts

The increased use of Henry VIII has legal implications. Subsequently, the continuous operation and use of artificial intelligence have different legislation in the principle of behavior and control. Regarding Henry VIII, the legislation governing the development dictates universal or homogeneity in Henry VIII operations regardless of the technology’s change. The law ensures operations and control of Henry VIII are similar with different owners. The liability of destruction caused by Henry VIII is not covered since the robot is expected to perform the responsibilities with minimum defects. The conventional damages done by Henry VIII may not arise from defects. Damages by Henry VIII can be traced to errors by owners and users, hence applying the strict liability depending on the situation.

The laws and regulations of Tort fail to recognize Henry VIII lawfully as a person. Consequently, the issue concerning liability for damages in legal ties between Henry VIII and the manufacturer. Alternatively, law regulations provide compensation for unlawful actions. Any destruction by Henry VIII will proceed with legal consequences. Further, the damages must be proven for compensation. Tort regulations under superintelligence robots, such as Henry VIII, purports manufacturers’ awareness of the robot’s liabilities. If the manufacturers are aware of the liabilities, they are liable for the robot’s actions and operations. Under tort law, artificial intelligence has liable to rights and consistent duty.

Analysis and further Discussions

Before the law, the rights and duties of artificial intelligence are attributed to manufacturers and corporations. In seeking liability by Henry VIII, the legal implications would be recognized by its manufacturers. The law reviews the circumstances to prove the liability and review the legal requirement to adjust to society’s needs. Concerning Henry VIII’s case, the robot lacks legal personality. Regarding compensation, Henry VIII is not recognized as an entity qualified for the compensation of destruction. Alternatively, the law does not purport situations where compensation is not advocated in case of damages. The legal procedures ensure liability for those accountable for the injury or destruction. Artificial intelligence is not a legal entity before the law.

Liability involving Henry VIII typically resonates with any defectiveness of the robot. Under tort law, the liability theory is based on the owner’s negligence, breach of war and strict liability depending on the jurisdiction, Barfield (2018). However, in common law, one must prove the existence of defectiveness. About Henry VIII, this is difficult with the robot operating successfully without mechanical hindrances but still results in property damage or injuries due to the learning capabilities. The product defects that can face the manufacturers of Henry VIII include design, manufacturing, and marketing defects. In this case, the design defects exist before the product is manufactured. Henry VIII can serve its purpose effectively but still possess arbitral danger due to design defects. Manufacturing defects occur in the production process.

Marketing defects are inappropriate instructions and failures by the marketing team to inform consumers of the dangers of Henry VIII effectively. Further, under the law, the personification of a robot is considered personal property. The robot has no legal right of its own regardless of the robot’s intelligence and independence from human control. If Henry VIII is a commercially developed robot, the law applies to the product’s commercial activities. Besides, many designed robots are essential for research and not commercial activities. Concerning Henry VIII, the implication is the cause of action can progress under product liability.

Conclusion

Directives about robots and artificial intelligence focus on safety. Henry VIII is an automated machine designed to comply with safety and standard rules. The law provides assembling machines with safety standards and directives. Henry VIII qualifies as a product envisioned for the consumer market and standard requirement. Courts and authorities are responsible for compulsory standards to help producers and consumers. Assessing safety reduces the defectiveness of manufactured products. Henry VIII adopts a system that includes product safety and analysis in the machine’s development, Danaher (2016). Warnings about government standards and regulations aid in compliance. Compliance with the law reduces the risk of liability faced by Henry VIII.

 

 

 

 

A contractual term excluding the liability of any damages in Tort their buyers may face for the use of Henry VIII. A commentary on the limitations of the contractual term is also required.

The allocation of risk in a contract is for the participating parties to restrict their obligations to one another. Several clauses seek to eliminate the buyer’s obligation to compensate for the amount of destruction, limit the kind of loss or solutions available, and generate a short period for claims. The principles of liberty of an agreement must balance with public policy issues.

Construction and exclusion of clauses in the contract

Marginalized clause is observed to be incorporated in the contract using clear and simple language. In instances where there is bias in the clause, the clause will be deduced against the party relying on the information, the party looking to reduce the liability. About Henry VIII contract to the consumer, the excluded clauses are drafted to maintain relevance. Additionally, a clause in the contract supporting liability for loss of revenues and other indirect expenditures, Gless, Silverman, and Weigend (2016). In instances where Henry VIII makes substantial errors, which causes a delay in implementing the procedures. An increased number of defects can raise concerns about the loss of profits and indirect losses by manufacturers. Manufacturers are set to assume losses, including compensation to consumers if the contract’s clause was not indirect losses or loss of profits.

A Clause on Unfair Contract Terms

Unfair contract terms limit the organization’s capability to avoid obligation in the agreement. Unfair contract terms focus on exclusion clauses and fail to examine if the contract is. The exclusion clause attempts to reduce liability, restrict the liberties and solutions for the aggrieved party, implement the obligation, and exclude procedures of procedures. Subjects that are the barring clauses in the provisions will be void in all cases, especially after failing the bias test. Alternatively, exclusion clauses omit solutions for personal harm or death and breach of agreement in consumer contracts, Schaerer, Kelley, and Nicolescu, (2009). Unfair Contract Terms are applicable depending on the type of excluded clause and if the party is a consumer or another commercial operation. Most construction agreements are an agreement between two entities.

In this case, apart from negligence, personal injury or death has no limitations regardless. Ideally, it will only be effective if the cause is found to be reasonable. A clause seeking to reduce a party’s liability for breach of agreement will be subjective to a practical test if the other party is a Henry VIII user or if the party is an entity. Both subjects have a written agreement on standard procedures conditions. Also, suppose parties in the agreement are businesses and lack the standard procedures on agreements and terms. In that case, the clauses excluding obligation for breach of the agreement are not subjective to practical tests.

Entire Agreement Clauses

Entire contract clauses state the completeness of the agreement between the parties. The total agreement between the parties is stipulated in the contract, which limits the obligation of the parties to what is covered in the contract. Subsequently, a whole agreement clause cannot dismiss fraud and fraudulent declarations made during the contract negotiations. The elements encompassed in the entire contract for effectiveness include: a declaration about the total agreement between the parties in the contract, and the agreement succeeds initial agreements. Further, a claim that the participating parties have no reliance on representation not included in the agreement, O’Sullivan, Nevejans, Allen, Blyth, Leonard, Pagallo, and Ashrafian (2019). Also, the approval that the remaining solution available to the parties dissolves the contract or any suitable solutions set in the contract.

Exclusive Remedies Clauses

Exclusive remedies clauses establish that a party solution for any breach of agreement is limited to the remedies dictated in the contract. Consequently, it limits all common laws and other solutions. Exclusive remedies significantly limit the possibility for claims regarding agreements implying the usefulness, particularly for the party paying. Tort law is applicable as a remedy available to a party wrongfully faulted but cannot claim a solution under the contract. Besides, similar requirements apply to selective remedies clauses and any other type of exclusion clause. It is critical to check complete solutions in the main agreement if they are appropriately reflected in any subcontract. If this is not the case, the contractor bears the obligation of any breaches.

Liquidated Damages

Liquidated damages are construction agreements that are fixed. The clause on liquidated damages prevents faulted parties from claiming damages under an agreement. In this case, the liquidated damages operate effectively as an only solution acting as a selective remedies clause, Gless, Silverman, and Weigend (2016). In enforcing the liquidated damages, a clause presented must be genuine to estimate any loss suffered instead of consequences established to prevent a party breaching the agreement. If the liquidated damages clause is viewed as a penalty or turns to imprecise in enforcement, general damages may still be applicable.

When drafting or negotiating an exclusion clause, several considerations are to be maintained: identification of business concerns regarding losses, excluding the types of losses observed as a standard practice, simple and clear wording is critical to maintaining relevance. It is significant in deciding the declaration for loss as subjects to recognize provisions or whether a claim will be enforceable when important notice is observed. Consideration in certain liabilities cannot be exempted, for instance, fraud and negligence. If these clauses are excluded, the agreement can be void.

 

 

 

 

References

Asaro, P. M. (2016, March). The Liability Problem for Autonomous Artificial Agents. In AAAI Spring Symposia (pp. 190-194).

Barfield, W. (2018). Liability for autonomous and artificially intelligent robots. Paladyn, Journal of Behavioral Robotics9(1), 193-203.

Danaher, J. (2016). Robots, law, and the retribution gap. Ethics and Information Technology18(4), 299-309.

Gless, S., Silverman, E., & Weigend, T. (2016). If Robots cause harm, which is to blame? Self-driving Cars and Criminal Liability. New Criminal Law Review19(3), 412-436.

O’Sullivan, S., Nevejans, N., Allen, C., Blyth, A., Leonard, S., Pagallo, U., … & Ashrafian, H. (2019). Legal, regulatory, and ethical frameworks for developing standards in artificial intelligence (AI) and autonomous robotic surgery. The International Journal of Medical Robotics and Computer Assisted Surgery15(1), e1968.

Schaerer, E., Kelley, R., & Nicolescu, M. (2009). Robots as animals: A framework for liability and responsibility in human-robot interactions. In RO-MAN 2009-The 18th IEEE International Symposium on Robot and Human Interactive Communication (pp. 72-77). IEEE.

 

 

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