Ada Lovelace研究所：2025风险业务：英国AI责任的当前挑战与机遇分析报告（英文版）（112页）.pdf

1、yRisky businessAn analysis of the current challenges and opportunities for AIliability in the UKLaw&PolicyDecember 2025Discussion paperJulia SmakmanAda Lovelace InstituteRisky business2Contents4How to read this paper5Executive summary9Introduction12List of abbreviations and legal terminology used in

2、 this paper14The basics:what is non-contractual liability for?18The current situation38Establishing a breach of the duty of care:the standard of care44Agentic and autonomous capabilities:autonomous systems andtheir controller52Complex value chains and opacity57Open-source AI60Unpredictability and re

3、asonable foreseeability65Types of harms70Unfair contractual clauses73Conclusion75Methodology76AcknowledgementsRisky business377Appendix110About the Ada Lovelace InstituteRisky business4How to read this paperThe Appendix also includes an Overview of relevant legislation and legislativeproposals relat

4、ed to AI liability that are ongoing at the time of publication of thispaper and relevant to keep an eye on.If you are a policymaker or regulator working on AI more generally,read theExecutive summary that provides an overview of why liability for AI in the UK iscurrently not working as it should.It

5、points to seven challenges and potentialroutes to addressing them.If you are a policymaker or regulator specifically thinking about AI liability,read The current situation,which explains the current situation for AI liability inthe UK by describing how contracts redistribute liability risk,how liabi

6、lity risk isperceived by UK companies,and includes illustrative examples.For a deeperunderstanding of the challenges in non-contractual liability for AI andsuggestions for areas of policy development,read the sections that discuss thechallenges for AI liability in depth,from Establishing a breach of