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ARTICLE · 08 SEPTEMBER 2026

Spotlight On Agentic AI | Liability

Bristows LLP
Bristows LLP
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Bristows LLP

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As businesses increasingly deploy agentic AI systems capable of autonomous decision-making and actions, questions arise about supplier liability when AI agents malfunction or produce unexpected results. This article examines the contractual frameworks governing agentic AI relationships, revealing how standard IT contracts may inadequately address the unique risks of autonomous AI systems and exploring strategies for customers to better protect themselves against potential losses from AI agent failures.

United KingdomCorporate/Commercial Law
Freya Ollerearnshaw
Freya Ollerearnshaw
Naomi Foale
Naomi Foale
Vik Khurana
Vik Khurana
Tom Sharpe
Tom Sharpe

Many organisations are grappling with how best to integrate agentic AI into their business workflows, with a key driver being the capacity of this technology to increase efficiency and reduce costs. A classic example is a customer-facing business using an agentic AI agent in a customer support function. As well as being able to review and triage customer queries, the real benefit of agentic AI is that an AI agent has the ability to take actions – in this case that could include refunds, ordering replacement items or amending customer account details. But what redress does a company have against its AI supplier if the AI agent does something wrong or does not perform these tasks as expected? 

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