AI still has a lot to learn before it can handle our demands without failing. But let’s not get too picky, there’s always a silver lining!

For instance, who doesn’t love it when your smart speaker ignores you, like a stubborn teenager? Or when your phone’s autocorrect transforms “I love you” into “I loathe you”? Such sweet moments.

Seriously though, I think it’s wise to keep things in perspective. For example:

-We use and rely upon automobiles to get from one place to another, but they occasionally break down and are the cause of millions of injuries and over a million deaths each year around the world.

-Every day we use our smartphones to stay connected with loved ones and access important information, but they’re also a leading cause of distraction and can negatively impact our mental health when used excessively.

-We rely on our credit cards to make purchases and manage our finances, but they’re vulnerable to fraud and can leave us with financial losses and identity theft.

-We use elevators to get to higher floors with ease, but they can also malfunction or break down, causing inconvenience and even injury.

-Most of us use microwaves to heat up food quickly, but they can also cause food to become overheated, potentially leading to burns and other injuries.

-We rely on our computers to complete work and access information, but they can be hacked and vulnerable to viruses, leading to data breaches and other security risks.

-We use power tools to complete tasks more quickly and efficiently, but they can also cause serious injury if not used properly or if they malfunction.

-Many of us use public transportation to get around, but it can also be unreliable, leading to missed appointments and other issues.

-We rely on airplanes to take long trips, but 70-90 times a year the world experiences tragic airplane crashes.

-We use our bikes to stay active and get around without relying on cars, but they can be dangerous if we don’t follow traffic rules or if we’re not wearing proper safety gear.

-We rely on our home security systems to keep us safe and secure, but they can also malfunction or be compromised by hackers, leaving us vulnerable to break-ins and theft.

Nothing is perfect.

Everything can be improved upon.

But here’s the deal- the thing with AI is that it’s constantly working to improve itself.

That’s why AI is such a powerful and interesting tool.

But here’s the million dollar question.

With constant and never ending learning, training and improvement, how long will it take for AI to be perfect?

Mitch
[more post like this on LinkedIn]

#ai #artificialintelligence #chatgpt

Most performance contracts have force majeure clauses. This is a contractual provision that excuses a party from performing its obligations under the contract when an event or circumstance beyond the party’s control and unforeseeable at the time of contracting, such as natural disasters or acts of war, makes performance impossible or impractical.

In today’s business environment, a loss of electricity can cripple a global digital event. Viruses like Covid19 can shut down a city, state or country and make performance difficult if not  impossible.

With the above in mind, and to help protect our clients, we decided to leverage the power of OpenAI ChatGPT to add more substances to our default template force majeure clause.

The default force majeure clause reads as follows:

“Neither party shall be liable for any delay or failure to perform its obligations under this contract to the extent that such delay or failure is caused by an event or circumstance beyond its control, including but not limited to acts of God, war, terrorism, riots, or any other cause beyond the reasonable control of the affected party.”

Not bad, but we can do better. What if the power goes out? What if there’s another virus outbreak? Using the following prompt:

“Maintaining the full content and context of the above, add a sentence or two specifically including the loss of power, electricity or the existence of a disease or virus including but not limited to Covid19, also specific events or circumstances.”

This is what ChatGPT gave me:

“Neither party shall be liable for any delay or failure to perform its obligations under this contract to the extent that such delay or failure is caused by an event or circumstance beyond its control, including but not limited to acts of God, war, terrorism, riots, loss of power or electricity, disease or virus outbreak including but not limited to Covid-19, or any other cause beyond the reasonable control of the affected party. The affected party shall use its reasonable efforts to minimize the impact of the event or circumstance on its performance under this contract and to resume its full performance as soon as reasonably practicable.”

To cover differences of opinion based upon science or politics (a big issue that resulted in a great deal of litigation these past several years) and to give our client as much flexibility as possible, we are going to add unilateral decision making abilities to this particular clause.

We then prompted ChatGPT:

“Add to the above the right of our client, to have the unilateral authority, to deem any and all of the events or circumstances mentioned, as sufficient to trigger the force majeure clause having force and effect.”

ChatGPT then gave us:

“Neither party shall be liable for any delay or failure to perform its obligations under this contract to the extent that such delay or failure is caused by an event or circumstance beyond its control, including but not limited to acts of God, war, terrorism, riots, loss of power or electricity, disease or virus outbreak including but not limited to Covid-19, or any other cause beyond the reasonable control of the affected party. The affected party shall use its reasonable efforts to minimize the impact of the event or circumstance on its performance under this contract and to resume its full performance as soon as reasonably practicable. Notwithstanding the foregoing, our client shall have the unilateral authority to deem any and all of the events or circumstances mentioned in this clause as sufficient to trigger the force majeure clause having force and effect.“

Now compare the two clauses. Which clause would you rather have in your performance contract?

I could have done all of this with one master prompt in about 30 seconds but I wanted to show you the process.

Before wrapping up this example, just for fun, let me ask ChatGPT one more question. My prompt was:

“What else do you recommend that I add to this force majeure clause?”

This is ChatGPT’s response:

“Here are a few additional recommendations for what you could consider adding to the force majeure clause in your contract:

#1: A notice provision: Specify how and when the affected party must notify the other party of the force majeure event, and what information should be provided.

#2: Duration of force majeure event: Indicate how long the force majeure event must last before the affected party can claim relief under the clause.

#3: Mitigation obligations: Include language requiring the affected party to take reasonable steps to minimize the impact of the force majeure event on its performance under the contract.

#4: Termination rights: Address the circumstances under which the parties may terminate the contract if the force majeure event continues for an extended period of time.

#5: Alternative performance options: Consider including language that requires the affected party to provide alternative means of performance if the force majeure event prevents them from performing their obligations under the contract in their original form.

Great suggestions!

OK, let’s add them to an already solid clause with this prompt:

“Add each of these recommended provisions to the above force majeure clause. With respect to #2, give 5 days notice. With respect to #4, include a termination date of 10 days if the force majeure event continues.”

This is the ChatGPT response:

“Neither party shall be liable for any delay or failure to perform its obligations under this contract to the extent that such delay or failure is caused by an event or circumstance beyond its control, including but not limited to acts of God, war, terrorism, riots, loss of power or electricity, disease or virus outbreak including but not limited to Covid-19, or any other cause beyond the reasonable control of the affected party. 

The affected party shall use its reasonable efforts to minimize the impact of the event or circumstance on its performance under this contract and to resume its full performance as soon as reasonably practicable. Notwithstanding the foregoing, our client shall have the unilateral authority to deem any and all of the events or circumstances mentioned in this clause as sufficient to trigger the force majeure clause having force and effect.

If a force majeure event occurs, the affected party shall provide the other party with written notice of such event within five (5) days of its occurrence, including a description of the event and an estimate of the expected duration of the delay.

If the force majeure event continues for more than ten (10) days, either party may terminate this contract upon written notice to the other party, without liability to the other party for such termination.”

Now remember, there are dozens of other clauses in our contracts (venue, jurisdiction, choice of law, indemnification, and attorney fees just to mention a few). A lawyer could use ChatGPT to drill down on each provision and section of a contract taking a client’s unique circumstances into consideration.

Conclusion

Truth be told, the final version of a force majeure clause is what we started recommending to our client about 3 weeks after Covid19 started to make the daily news. The above example was simply to show you a powerful way ChatGPT can help any business or profession create better solutions for clients. The quality of your questions (prompts) will determine the value of the ai response.

Please stay in touch and make today your masterpiece!

Mitch Jackson, Esq.

2013 California Litigation Lawyer of the Year

2009 Orange County Trial Lawyer of the Year

JacksonWilson.io

#ai #web3 #metaverse #lawyer #law #chatgpt