negligence Archives

artificial inteliigence

Moffatt v. Air Canada: A Misrepresentation by an AI Chatbot

The recent decision in Moffatt v. Air Canada, 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website. The decision represents an incremental development of the law which previously has focused on the liability of persons for their pre-programmed automated tools.…

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Online vendors owe purchasers a duty of care says an Ontario court: Hazjizadeh v Canada

Online vendors will be interested in a recent decision of an Ontario court in Hazjizadeh v Canada (Attorney General), 2014 CanLII 48552 (ON SCSM). In the ruling the court held that online advertisers owe a duty of care to prospective purchasers to ensure that their representations are true and not misleading. If they breach this duty, they may be held liable in negligence for online statements which induce purchasers to engage in transactions.

Statements that appear on commercial websites can be characterized for legal purposes in different ways.…

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