Liabilities and Modern Artificial Intelligence: A Tri-Phase Model

By: Estelle Wallingford

ISBN13: 9781041020653
Published: August 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback

This book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed. It explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model — flexible in nature, considering the type of AI, the context in which it is deployed, who has the most control over the system, and its capacity.

Contents: Understanding the AI Legal Landscape; Reevaluating Legal Personality for AI; AI as a Legal Agent; AI as Property; A New Legal Characterisation — Hierarchical Legal Personality; Adapting Causation Principles for AI; The Tri-Phase AI Liability Model.

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Q&A

Who is this book for?
Legal professionals, policymakers and scholars working on AI governance and private law liability.

What is the Tri-Phase AI Liability Model?
A flexible liability framework considering the type of AI, its deployment context, control structure and capacity.

Does it address AI as legal personhood?
Yes, proposing a 'Hierarchical Legal Personality' model that incorporates agency and property concepts.

Who is the author?
Estelle Wallingford, a legal academic at Monash Business School, Australia.

What core question does it answer?
Who is responsible when AI causes harm, across different types and deployment contexts.

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