5/24/2026 at 7:48:05 PM
I think that this is an attack on the understanding of the LLM _potentially_ but it doesn't seem like it's likely to standup to legal scrutiny?Seems like this is pretty clearly a case of fraudulent misrepresentation (https://www.law.cornell.edu/wex/fraudulent_misrepresentation) which kinda nullifies the contract, if I understand correctly:
Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.
To determine whether fraudulent misrepresentation occurred, the court will look for six factors:
A representation was made
The representation was false
That when made, the defendant knew that the representation was false or that the defendant made the statement recklessly without knowledge of its truth
That the fraudulent misrepresentation was made with the intention that the plaintiff rely on it
That the plaintiff did rely on the fraudulent misrepresentation
That the plaintiff suffered harm as a result of the fraudulent misrepresentation
Like most claims under contract law, the standard remedy for fraudulent misrepresentation is damages.
by phuff
5/24/2026 at 7:50:22 PM
That would be an open question in every jurisdiction. There wasn't really a representation here, but it might be something more like the doctrine of "mistake". It's also not clear "your honor I never read the contract but my LLM told me it was okay to sign" is a great argument either. Doubly-true for your $1,500/hour law firm duped by something like this.[Edit: by "nullify" you probably mean "void" or "voidable" which are remedies in equity, and the "never read it" argument carries even more burden there. As the citation notes the traditional remedy for contract issues is damages (i.e., cash payment).]
by piker