The Liability Gap the Contract Cannot Close
Summary
This article argues that contracts cannot prove what actually happened after the fact, creating a liability gap between agreement and evidence. It says automation and AI widen that gap because machines can take many actions faster than humans can observe or attest to them. The piece presents Mickai’s Open Audit Record as a sealed, signed, and anchored record designed to make consequential actions tamper-evident and independently verifiable. It also highlights post-quantum signatures and Bitcoin anchoring as mechanisms for preserving evidence integrity. The overall message is that auditable records turn disputed conduct into settled fact.
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