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Reiner Schulze, Dirk Staudenmayer - Digital Revolution: Challenges for Contract Law in Practice

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Reiner Schulze (ed.), Dirk Staudenmayer (ed.)

Digital Revolution: Challenges for Contract Law in Practice

2016

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Erica Palmerini, Andrea Bertolini Liability and Risk Management in Robotics S. 225-260

„… Liability and Risk Management in Robotics Prof. Dr. Erica Palmerini / Dr. Andrea Bertolini, LL.M …” „… evaluation is thus doomed to be unreliable. II. 1. Liability and Risk Management in Robotics 227 The attempt …” „… ) (1922). Liability and Risk Management in Robotics 229 within which to frame single robotic applications …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Wendehorst Liability and Risk Management in Robotics 225 Erica Palmerini / Dr. Andrea Bertolini Panel …” „… for Consumer Law 135 Natali Helberger Contractual Duties and Allocation of Liability in Automated …”

Robert MacDougall Statement S. 265-271

„… should their liability be assessed? • How should the risks be insured? So, in answer to the question …” „… stemming from either an unclear liability regime or the non-existence of a clear cut liability regime in …” „… main barriers to IoT adoption, and liability has not, to date, been identified. Security and privacy …”

Geraint Howells, Chris Willett 3D Printing: The Limits of Contract and Challenges for Tort S. 67-86

„… development risks questions are included, the difference between strict liability and negligence might even …” „… development risks concept-probably all apply in the case of negligence liability, just as they do in the case …” „… widespread that the profits justify strict liability, or at least that the risks should be within the …”

Rolf H. Weber Contractual Duties and Allocation of Liability in Automated Digital Contracts S. 163-188

„… Duties and Allocation of Liability in Automated Digital Contracts 167 Technological Features and Risks of …” „… 182 Allocation of Risk and Liability Risks in Contract Formation and Allocation of Liability Digital …” „… altered whereas the risk in a written contract is lower because of the need for physical access. Liability …”

Reiner Schulze, Dirk Staudenmayer Digital Revolution – Challenges for Contract Law S. 19-32

„… this risk has materialised? Should liability be strict?40 Should there be caps or the possibility to …” „… , patents etc.), tort law (e.g. product liability) and even criminal law.23 Whereas within the scope of this …” „… Product Liability: Identifying the Obstacles’ (2013) 162 University of Pennsylvania Law Review Online 35 …”

Rolf H. Weber Statement S. 263-266

„… technological environment always raises questions in relation to the contract conditions and the liability …” „… activities. The liability regime is confronted with the difficulty that a clear relation (i.e. a causality …” „… should be centred around the definition of spheres of responsibility that can lead to liability …”

Caroline Meller-Hannich Share Economy and Consumer Protection S. 119-132

„… providers organised in the form of Gesellschaften mit beschränkter Haftung [limited liability companies …” „… the free-of-charge agreements for gifts and loans, however, the level of liability and guarantee in …” „… what legal consequences this has for liability are not otherwise so easy to determine. In any case, the …”

Christiane Wendehorst Consumer Contracts and the Internet of Things S. 189-224

„… goods.7 This implies that the supply of smart things is subject to a scheme of contractual liability …” „… could not have been foreseen at the point of delivery. Similarly, Article 7(e) Product Liability …” „… Directive (PLD)19 declares the producer to be exempt from liability where ‘the state of scientific and …”

Gerd Billen The Challenges of Digitisation for Consumers S. 11-20

„… any number of risks. As protectors of the consumer, our task is threefold: We must see to it that all …” „… time, we must ensure that their participation in it does not place at risk the interests of the …” „… risks and benefits. This is a lofty ideal, but unfortunately it hardly conforms to the reality of the …”

Christian Twigg-Flesner Conformity of 3D prints – Can current Sales Law cope? S. 35-68

„… Secondary Liability in Additive Layer Manufacturing’ (2014) 16 Columbia Science and Technology Law Review …” „… Berkowitz, ‘Strict Liability for Individuals? The impact of 3-D printing on Products Liability Law’ (2014 …” „… Printing and Product Liability: Identifying the Obstacles’ (2013) 162 University of Pennsylvania Law Review …”

Larry A. DiMatteo Regulation of Share Economy: A Consistently Changing Environment S. 89-112

„… providing services at some airports and must carry $1 million in liability insurance, (2) Colorado: must …” „… to 90 days per year, and requires each listing to carry $500,000 in liability insurance. Social Media …” „… , take all the risks, and work long hours for minimal compensation. One response would be the enactment …”

Natali Helberger Profiling and Targeting Consumers in the Internet of Things – A New Challenge for Consumer Law S. 135-164

„… . The arising, complex issues of liability and contractual relationships will be treated in another …” „… shared with third parties or not; the risk of privacy breaches and security threats; the amount of data …” „… means of altering consumer risk perceptions’.40 Kaptein et.al referred in this context to ‘persuasion …”

doi.org/10.5771/9783845273488

Jan-Philipp Günther, Eric Hilgendorf - Robotik und Gesetzgebung

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Jan-Philipp Günther (ed.), Eric Hilgendorf (ed.)

Robotik und Gesetzgebung

Series: Robotik, Künstliche Intelligenz und Recht

Volume 2 2013

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Elbert R. de Jong Regulating Uncertain Risks in an Innovative Society: A Liability Law Perspective S. 163-183

„… Regulating Uncertain Risks in an Innovative Society: A Liability Law Perspective Elbert R. de …” „… distribution of responsibilities with respect to risks and uncertainties within the realm of liability law …” „… and uncertainty cannot and should not be drawn. Second, the relationship between risks and liability …”

Hironori Matsuzaki When Robots Meet Society – Risk Issues and Legal Constraints in Japan S. 345-377

„… liability. Their efforts are mainly directed toward the thorough implementation of risk assessment as …” „… When Robots Meet Society – Risk Issues and Legal Constraints in Japan Hironori Matsuzaki …” „… manufacturers, potential end-users, etc.) are involved. In doing so, I focus on the increasing risk …”

Edoardo Datteri, Guglielmo Tamburrini Robotic Weapons and Democratic Decision-Making S. 211-231

„… and promotion, moral responsibility and liability, privacy, delegation and trust in human-robot …” „… . Clearly, extant ethical and legal frameworks afford satisfactory solutions to responsibility and liability …” „… interestingly, present liability regulations concerning malfunctions of electronic devices were found sufficient …”

Malte-Christian Gruber Zumutung und Zumutbarkeit von Verantwortung in Mensch-Maschine-Assoziationen S. 123-163

„… ist („no liability“)? Oder soll ein anderer haften, etwa der Hersteller des schadensverursachenden …” „… Roboters, oder vielleicht auch der Betreiber oder der Nutzer („strict liability“, „negligence“)? Oder soll …” „… Risk Distribution and the Law of Torts, The Yale Law Journal, Vol. 70, 1961, S. 499-553 …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Mensch-Maschine-Assoziationen 123 Malte-Christian Gruber Regulating Uncertain Risks in an Innovative Society: A Liability …” „… Roger Häußling When Robots Meet Society – Risk Issues and Legal Constraints in Japan 345 Hironori …”

Dieter Birnbacher Ethik und Robotik – Wie weit trägt die Analogie der Tierethik? S. 263-321

„… norm, which demands that, in artificial systems, we should not aim at the creation or even risk the …” „… ): We should not deliberately create or even risk the emergence of conscious suffering in artificial or …” „… indeterminacy into our ethical solution: There is a risk to be minimized, namely the possibility that …”

doi.org/10.5771/9783845242200

Sebastian Lohsse, Reiner Schulze, Dirk Staudenmayer - Liability for Artificial Intelligence and the Internet of Things

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Sebastian Lohsse (ed.), Reiner Schulze (ed.), Dirk Staudenmayer (ed.)

Liability for Artificial Intelligence and the Internet of Things

2019

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Herbert Zech Liability for Autonomous Systems: Tackling Specific Risks of Modern IT S. 185-200

„… New Approaches: Form of Liability Liability for Autonomous Systems: Tackling Specific Risks of …” „… ever-increas‐ ing complexity. These new technologies cause the emergence of new spe‐ cific risks. Liability law …” „… . Liability for Autonomous Systems: Tackling Specific Risks of Modern IT 191 learning abilities, the …”

Gerald Spindler User Liability and Strict Liability in the Internet of Things and for Robots S. 125-144

„… , Inc 2017). User Liability and Strict Liability in the Internet of Things and for Robots 127 risks may …” „… liability. Finally, systemic risks and causality problems of IT-products are not re‐ solved by the PLD …” „… AI-products with more or less unpredictable behaviour: strict liability may be best suited if high risks and …”

Sebastian Lohsse, Reiner Schulze, Dirk Staudenmayer Liability for Artificial Intelligence S. 9-24

„… to know what kind of liability risks they are running as well as whether and to what extent they need …” „… deliver. How then should potential liability risks be dealt with? As often ex‐ plained in the …” „… G Wagner, ‘Liability for Autonomous Systems: Tackling Specific Risks of Modern IT’, 45–47, in this …”

Georg Borges New Liability Concepts: the Potential of Insurance and Compensation Funds S. 145-164

„… covering liability risks is only relevant to the extent that such liability risks exist. Thus, in order to …” „… but also has a role to play in the area of fault-based liability. However, clear liability risks are …” „… ‐ munitisation of risk independently from the civil law system of liability. In the context of autonomous systems …”

Ernst Karner Liability for Robotics: Current Rules, Challenges, and the Need for Innovative Concepts S. 117-124

„… consider fault liability, respon‐ sibility for auxiliaries, and risk-based and product liabilities. Fault …” „… Karner 120 Risk-based Liability Self-driving cars against the background of existing non-contractual …” „… , risk-based lia‐ bility and liability for products. If a legal system – like German or Austrian law – provides …”

Miquel Martín-Casals Causation and Scope of Liability in the Internet of Things (IoT) S. 201-228

„… for proportional liability, by contrast, distributes the existing risks between Ds and Cs. Thus, while …” „… contended that proportional liability seems to provide a better ap‐ portionment of the risks between Ds and …” „… liability factors around a risk test and con‐ siders that ‘an actor’s liability is limited to those harms …”

Gerhard Wagner Robot Liability S. 25-62

„… question. The risk management approach, envisaged to serve as an alternative to strict liability, should …” „… requirements for a finding of liability be? It seems that the risk management approach is in urgent need of a …” „… between risk-generating and risk-management approaches, depending on whether liability is at‐ tached to …”

Bernhard A Koch Product Liability 2.0 – Mere Update or New Version? S. 97-116

„… only ad‐ dresses the risks of production, strict liability eg for motor vehicles instead focuses on the …” „… liability system linked to the latter coupled with a risk pool such as compulsory liability 47 On the …” „… production risk assigned to the manufacturer, we might continue to use solidary liability with recourse …”

Jean-Sébastien Borghetti How can Artificial Intelligence be Defective? S. 63-76

„… liability is definitely one of them. Who can be held liable for damage associated with the IoT or AI, and …” „… can or should trigger liability associ‐ ated with the IoT or AI. The element that triggers liability …” „… expression is often translated into English as the ‘event giving rise to liability’), de‐ pends on the …”

Cristina Amato Product Liability and Product Security: Present and Future S. 77-96

„… Product Liability and Product Security: Present and Future Cristina Amato* Introduction According …” „… result into producer’s liability. In the European legislator’s intent, Art 6 seems to implement the …” „… , ‘Product Liability: Basic Prob‐ lems in a Comparative Law Perspective’ in Duncan Fairgrieve (ed), Product …”

Titelei/Inhaltsverzeichnis S. 1-8

„… EU law responses to such risks arising from the use of AI. With “Liability for Robotics and in the …” „… these risks but also shed light on possible forms of liability taking into account traditional concepts …” „… Systems: Tackling Specific Risks of Modern IT 187 Herbert Zech Causation and Scope of Liability in the …”

Giovanni Comandé Multilayered (Accountable) Liability for Artificial Intelligence S. 165-184

„… Multilayered (Accountable) Liability for Artificial Intelligence Giovanni Comandé* The networking …” „… liability regime that can be envis‐ aged for these technologies would require for (technological) reasons …” „… employable by any chosen liability regime2. Datasets are actively constructed and data do not necessarily …”

doi.org/10.5771/9783845294797

Andreas Loukakis - Non-Contractual Liabilities from Civilian Versions of GNSS

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Andreas Loukakis

Non-Contractual Liabilities from Civilian Versions of GNSS

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 12 2017

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Chapter 2: Liability risks within the field of GNSS: general remarks S. 71-98

„… Liability risks within the field of GNSS: general remarks “…The usefulness of GNSS technique can …” „… risks, governance risks, and most importantly, liability risks are all just a few examples. Following …” „… (liability) risks from a GNSS perspective. The major underlying idea in this chapter is the examination of …”

Titelei/Inhaltsverzeichnis S. 1-26

„… of GNSS related risksII. 73 Liability and GNSSIII. 75 GNSS specificities, tiers of liability and …” „… Satellite based servicesII. 54 Global navigational satellite systems (GNSS)III. 57 Liability risks within …” „… servicesI. 27 Satellite based servicesI.1 27 Liability risks and the concept of damageI.2 28 Direct damage …”

Chapter 2: Considerations De Lege Ferenda S. 263-332

„… GNSS liability related risks, especially non-contractual liability risks that could emerge from the use …” „… expected to mitigate (non-contractual) liability related risks effectively. Moreover, regarding de lege …” „… justify the need of future precautionary actions (de lege ferenda actions) regulating liability risks …”

Introduction: Setting the scene S. 27-50

„… . Liability risks and the concept of damage In a broad context, when it comes to liability issues within the …” „… signals. This distinction would be important when examining liability related risks connected to the …” „… the use of the capabilities of space objects, questions related to liability related risks, especially …”

Chapter 1: Problems connected to the existing legal framework S. 241-262

„… of non-contractual liability risks related to signal provision in space. Deficiencies of the current …” „… followed in the future in regards to the mitigation of non-contractual liability risks related to the …” „… will also be followed within the last part when examining non-contractual liability risks by …”

Chapter 1: Current liability law and its relevance to GNSS-related disputes S. 103-110

„… analyzing liability risks for GNSS, two major observations are of vital importance: on the one hand, the …” „… ramifications that may come into play from GNSS liability-related risks. Contractual, tort and product liability …” „… risks, it would next make sense to briefly consider the concept of liability as provided by current law …”

Summary table (De Lege Ferenda) S. 339-342

„… so-called areas of catastrophic risks with identifiable injurers where strict liability normally is attached …” „… policy choice -GNSS: a field encompassing risks with identifiable users, thus, strict liability should be …” „… Summary table (De Lege Ferenda) International or European instrument on civil liability connected …”

Conclusion of the study: Could arbitration be a possible alternative? S. 343-356

„… scenario that sooner or later the legal community might have to confront liability risks. The major …” „… of non-military forms of navigational systems, apart from liability risks, is also accompanied by a …” „… areas of catastrophic risks with identifiable causes of errors where the strict liability regime has …”

Concluding chapter on second part: A future need for a centralized approach S. 229-234

„… second part of the present book was to elucidate how current non-contractual liability law provisions …” „… determine future liability arrangements. Yet, the governance issues surrounding the EU’s Galileo are …” „… liability law provisions may have an impact on cases of damage that could be caused by Galileo signal …”

Bibliography S. 357-370

„… , 1995. Birnbaum L.N., “Strict Product Liability and Computer Software”, in 8 Computer Law Journal, 1988 …” „… Cover Liability for Damage Caused by Malfunctions in Global Navigation Satellite Systems”, in Uniform …” „… Third Party Liability for Satellite Navigation Signals”, in Uniform Law Review, 2009. Carpanelli E. and …”

Chapter 3: Second case study: a private governance scheme and liability claims towards the private industry S. 161-228

„… . In other words, current liability law provisions would be significant for liability risks. Hence …” „… appropriate measures via national legislation in order to minimize liability risks emanating from their space …” „… space activities of their private operators by trying to predict and minimize possible liability risks …”

Chapter 1: General aspects of satellite based services and GNSS S. 51-70

„… discussed in this respect. Finally, some conclusions will be drawn by introducing the concept of liability …” „… risk in the field of GNSS. It will be established that while commercial applications of GNSS will …” „… liability implications in the near future. Satellite based services Satellite based services: definition …”

doi.org/10.5771/9783845280677

Eva Schulev-Steindl, Monika Hinteregger, Gottfried Kirchengast, Lukas H. Meyer, Oliver C. Ruppel, Gerhard Schnedl, Karl W. Steininger - Climate Change, Responsibility and Liability

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Eva Schulev-Steindl (ed.), Monika Hinteregger (ed.), Gottfried Kirchengast (ed.), Lukas H. Meyer (ed.), Oliver C. Ruppel (ed.), Gerhard Schnedl (ed.), Karl W. Steininger (ed.)

Climate Change, Responsibility and Liability

Series: Climate Change Law and Governance | Droit et Gouvernance du Changement Climatique | Klimaschutzrecht und Governance

Volume 1 2022

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Mareike Rumpf Climate change litigation and the private sector – assessing the liability risk for multinational corporations and the way forward for strategic litigation S. 441-490

„… 441 Climate change litigation and the private sector – assessing the liability risk for …” „… 2009); Richard Lord et al. (eds), Climate change liability: Transnational law and practice (CUP 2012 …” „… and Tim Stephens, ‘Australia’ in Richard Lord et al. (eds), Climate change liability: Transnational …”

Monika Hinteregger Climate change and tort law S. 383-414

„… threat of liability makes potential polluters aware of the risks of their actions and gives them a strong …” „… Monika Hinteregger, ‘Liability for Terrorism-Related Risk Under Member State Law’ in Lucas Bergkamp et al …” „… . (eds), Civil liability in Europe for terror-ism-related risk (CUP 2015) 91. 15 E.g., c IX of the …”

Oliver C Ruppel South Africa: Climate change, responsibility and liability – the legal system, public and private law considerations S. 201-278

„… 201 South Africa: Climate change, responsibility and liability – the legal system, public and …” „… liability remedies. 1 Introduction The Republic of South Africa is home to more than 55 million people.2 It …” „… liability 203 reliant on coal,7 which is the country’s largest economically recoverable energy re-source …”

Titelei/Inhaltsverzeichnis S. 1-18

„… litigation and the private sector – assessing the liability risk for multinational corporations and the way …” „… ; legal stand-ing in climate lawsuits; causation in tort law; or the liability risks for carbon majors. As …” „… change litigation and the private sector – assessing the liability risk for multinational corporations …”

Daniel Ennöckl, Judith Fitz Climate change litigation in Germany and Austria – an overview S. 281-298

„… outcome for the plaintiff. The liability risks for compa-nies that produce a large volume of greenhouse …” „… which risk was increased. According to this approach, every company’s liability for the detrimental …” „… interpretation of the present concern, it is a different story. Here, the top court recognised that the risk of …”

Julia Pleiel, Kirsten Schmalenbach Climate change responsibility and liability in international law S. 105-132

„… Part II: Legal basis for climate change responsibility and liability A. International aspects …” „… 105 Climate change responsibility and liability in international law Julia Pleiel and Kirsten …” „… international responsibility and liability of source states, with the answers, unfortunately, being complex and …”

Erika Wagner Legal standing in climate-related lawsuits S. 415-440

„… Climate Liability Directive at the EU level, which contains the correspond-ing collective rights, must be …” „… climate liability cases. To expand the scope of application of the EU directive to climate protection law …” „… ‘Climate change, responsi-bility and liability’ held in Graz, Austria. The content reflects the then …”

Jaap Spier From blabla to concrete obligations: The Oslo Principles and the Principles on Climate Obligations of Enterprises S. 133-160

„… the project by climate change and the liabil-ity risk posed to the enterprise (Principle 36). The …” „… posed by climate change’ refers, f.i., to houses built in a flood-prone area. The liability risk refers …” „… , accountants and rating agencies cannot assess the inherent liability and reputational risks of non-compliance …”

Lydia A Omuko-Jung A rights-basis for climate compensatory claims in Kenya S. 179-200

„… change. The risks of climate change come with huge costs as properties are damaged and livelihoods lost …” „… chapter was presented at the Climate Change Responsibility and Liability conference hosted by the …” „… challenges on establishing cli-mate liability in a way that would fulfil the traditional litigation …”

Karl W Steininger Foreseeability of economic damages related to inadequate climate mitigation and adaptation S. 93-102

„… attributing responsibility and liability: Based on attribution sciences, economics uses models to quantify …” „… supply of fresh water. How should climate-change-related responsibility and liability be addressed …” „… responsibility and liability with respect to both lines of analysis. ____________________ 2 Paris Agreement …”

Oliver Dörr State responsibility for climate change under EU and German law S. 299-312

„… broad definition of ‘responsibility’ – it is understood to cover liability for climate damages as well …” „… of liabil-ity for damages caused by public authorities, both the Union and the national law require …” „… liability’ held in Graz, Austria. The content reflects the then current state of research and law. Oliver …”

Michael Hanemann The cost of carbon: Economic approaches to damage evaluation S. 75-92

„… enactment in 1980 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA …” „… hazardous substances, and it created a specific liability of the potentially responsible parties to pay the …” „… costs of clean-up and restoration, relaxing certain liability limitations, standards for estab-lishing …”

Andrea K Steiner, Mastawesha M Engdaw Climate change, its impacts, and attribution of causes: Current status and challenges S. 21-40

„… Part I: Foundational basis for climate responsibility and liability: Attribution science …” „… . Moreover, extreme weather events are becoming more frequent and intense, with increasing risks and damaging …” „… on extreme weather events in terms of probability, severity, and im-pact risks. It has revealed that …”

Birgit Hollaus Fostering responsibility through compliance mechanisms S. 499-525

„… available – the law of state responsibility and liability, and treaty-based dispute settlement – are not …” „… Persson, ‘Governing borderless climate risks: Moving beyond the territorial framing of adaptation’ (2019 …” „… 2019) 321. Benzie M and Persson Å, ‘Governing borderless climate risks: Moving beyond the territorial …”

doi.org/10.5771/9783748930990

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