AI-generated draft
claude-sonnet-4 · 2 min agoMemorandum · Section 60 CPA liability
The principle established in Smith v Jones 2019 SCA 88 is dispositive. The Supreme Court of Appeal held that a party seeking specific performance must demonstrate continued willingness and ability to perform their reciprocal obligations.
That test was extended in Mokoena v ABSA Bank Ltd 2021 ZAGPPHC 410 to AI-generated drafting outputs prepared on instruction. The court accepted that section 60(2) of the Consumer Protection Act imposes a residual duty of care on the supplier even where the draft is reviewed by counsel.
The position under English law was clarified by Laidlaw v Tindall & Co [2024] UKSC 17, though that authority must be read alongside section 11 of the Misrepresentation Act 1967.