09/01/2026
A customer can ask an AI system to achieve an outcome without choosing every act the system takes to get there.
That distinction can matter when a customer agreement makes the customer responsible for its “instructions.” If the product chooses intermediate steps and then takes an external action without the customer choosing each intermediate step, the fact that the customer started the task may not answer who selected the conduct that matters.
The legal judgment is who the agreement can fairly treat as choosing that act, based on what the customer directed, what the product decided, and what conduct came from provider performance.
TKA Law Firm provides fractional general counsel to companies negotiating AI-enabled commercial agreements where automated discretion is part of product performance.
General information only, not legal advice.