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LAC - Memorandum.pdf - Class: 16 Name of the Group:...

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Class: 16Name of the Group: “Pearson Specter Litt”1.Do think it is necessary to recognize legal personality to Autonomous vehicles andwhy?Legal personhood is defined as the capacity to hold rights and duties. When it comes tothe question of legal personhood for AVs, the focus shifts to liability. Many areconcerned that the creation of a legal personality for AVs would be tantamount to aliability offload for corporations. But this is not true. Product liability is a verysophisticated part of the law (especially in the USA and EU) and capable to deal withhighly complex situations. Therefore today’s law is already able to cope with most ofthe issues coming up due to AVs.In fact, in the event of a possible accident caused by an AV, there are many possiblevariables that need to be considered and reviewed in court. The fact that the car haslegal personhood does not change the fact that the manufacturer may have ignored flawsin the software, that material was defective, that the car has been hacked, or that theowner of the car was negligent in its maintenance.The legal personality of the car would only come in for cases, where no other party canbe held liable, i.e. for accidents which were unavoidable (e.g. some dilemma situations).Let us now assume that the car can indeed be held liable for this type of accident (i.e. ithas a legal personality). How are the victims compensated? Other legal persons could,or better, would be obliged to use their own capital, but what does a car owner thatcould be used to make compensation? The only capital an AV could hold is its valueand the service it offers. Therefore it quickly becomes clear that AVs need insurance,but who pays the insurance policy? The owner of the car, of course, even if the legislatorshould perhaps oblige the manufacturer to do so, the manufacturer simply raises theprice and the buyer pays indirectly.The only advantage gained by the creation of legal personhood for AVs is thus theclosure of a loophole in the law (i.e. provision of accountability in accidents caused byAVs where the existing law cannot allocate liability to a party). But legal personhood
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2for AVs could have a huge influence on the law, especially on the way it deals withother, even more, complex robots like AGIs (Artificial General Intelligence). Theimpact these robots will have on our lives is tremendous and needs a profound legaldiscussion of consequences and legal personhood for AGIs. For the legislator, in orderto protect the consumer, it is probably more convenient to enact a law covering theexisting loophole, without granting legal personhood to AVs. It should prescribeinsurance, with high coverage, dealing with these specific cases and prevent that anyother party can be held personally liable, especially the owner of the car who holds theinsurance policy.

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Term
Spring
Professor
N/A
Tags
person, Legal person

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