Professional negligence and financial‐legal expert systems: Architectures to enable the reasonableness defence

Abstract

Abstract The legal implications of professionals relying on expert systems have been extensively studied by analysts who have considered the ‘macro’ issues such as whether products liability can be invited for loss resulting from errors in expert systems, and apportionment of liability. These macro‐analyses do not distinguish programming errors from what we call ‘errors of reasoning’. The latter errors may be considered to be advertent on the part of developers and/or user‐professionals; may potentially be directly compared with the reasoning ascribable to a reasonably competent professional; and cannot be removed merely by better quality assurance in the sense prevalent in software engineering. In this paper we consider the mechanisms by which a court may examine errors of reasoning in expert systems used to assist professionals working in certain areas of financial services ('the financial‐legal domain'). Our analysis of the ‘micro’ issues of liability shows that the advertent nature of errors of reason...