When AI Makes a Contracting Mistake: Herbosch Explained

What happens when an AI system forms a contract by mistake?

This video explains Maarten Herbosch’s 2025 article, “To err is human: Managing the risks of contracting AI systems,” published in Computer Law & Security Review. The paper argues that existing contract-law frameworks are flexible enough to handle AI-formed contracts while still protecting deployers in the right cases.

In this digest:

- AI-supported vs. AI-driven contracting

- Herbosch’s dual-function account of intent

- Two layers of deployer protection

- Reasonable expectations and unilateral mistake

- Risk-bearing and excusability in AI contracting

This content is provided for informational and educational purposes only and does not constitute legal advice. You are responsible for how you use this information and should seek qualified advice for specific matters.

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