Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-10T06:51:10.564Z Has data issue: false hasContentIssue false

13 - Unjust Enrichment Law and AI

from Part I - Law of Obligations

Published online by Cambridge University Press:  21 March 2024

By
Ying Hu
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
Get access

Summary

Unjust enrichment is a plausible cause of action for individuals whose data has been collected and used without their consent, to train, develop, or improve AI systems, or which has been sold for such purposes. Disgorgement of profits may be possible in some situations where the defendant has unlawfully collected or used personal data. Gain-based remedies have a number of advantages in this context, including the fact that it may be relatively easy to ascertain the gain, but demonstrating the loss will be considerably harder. However, contractual pre-emption may limit the utility of claims for unjust enrichment.

Keywords

Unjust enrichmentdatagain-based remediesdisgorgementcontractual pre-emption
Type
Chapter
Information
The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 287 - 304
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×