Legal liability for malfunction and misuse of expert systems

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Abstract
The expert system represents the evolution of the computer from a tool to manipulate data to one which applies attributes of humans - reasoning, judgment, experience and "intelligence" - to the data, or at least appears to do so. Questions are thus raised about whether this evolution requires a concomitant evolution in the law governing liability for malfunction or misuse of computer systems. Historically, malfunctions of a computer system have been viewed as ultimately traceable to human error, usually in engineering or programming. The ability of an expert system to mimic a human expert has suggested that the humans involved in the creation or use of the system might be less liable than in the case of the nonexpert system, or that some form of liability should attach to the system itself. This article will explore how existing law would apply to expert systems, and consider whether new legal developments are required to deal with such systems.

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