Abstract
The advancement of autonomous vehicle (AV) technology introduces significant challenges for contract law, particularly in relation to the enforceability of liability disclaimers employed by manufacturers. This research undertakes a comparative legal analysis of contractual disclaimers associated with AV technology across various jurisdictions, with a particular emphasis on the implications for South African law. The study investigates how countries such as Japan, and United States (US) and European Union (EU) jurisdictions regulate liability within AV contracts, especially concerning the extent of disclaimers that seek to limit manufacturers’ accountability in the event of accidents and technological failures. Assessing the existing legal structure in South Africa and comparing it with international laws, this research highlights potential deficiencies in consumer protection within South African contract law as it pertains to AV disclaimers. Furthermore, the study explores the impact of emerging artificial intelligence such as the European Union’s AI Act, on liability structures and assesses the feasibility of adopting similar frameworks in South Africa to reinforce consumer rights while fostering technological advancement. This dissertation seeks to contribute to the development of a more equitable legal framework that effectively addresses the distinctive risks associated with AVs, providing recommendations for South Africa to align with global best practices in AV liability and consumer protection.