Tristan Marot

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Company is liable for Chatbot Miscommunications holds Canadian Tribunal

The Canadian case of Moffatt v. Air Canada considers a dispute concerning a refund for a bereavement fare. Jake Moffatt, the applicant, booked flights with Air Canada following the death of his grandmother. He was informed by an AI powered chatbot on Air Canada’s website that he could apply for bereavement fares retroactively. However, when … Continue reading

An Acknowledgement of liability to third party interrupts prescription

The Free State High Court confirms in J.H.V v Centlec (SOC) Ltd and Others that an acknowledgement of liability by the debtor interrupts prescription, even if the acknowledgement is not made directly to the creditor. The applicant approached the High Court for a declaratory order that he was not indebted to Centlec SOC Ltd, the municipal electricity … Continue reading

AI Cannot be an Inventor says Supreme Court (UK)

In December 2023, the Supreme Court of the United Kingdom held that an AI cannot be an inventor under the UK Patents Act of 1977, and accordingly patents cannot be granted for inventions derived by AI.   Thaler v Comptroller-General of Patents Designs and Trade Marks, considers Dr. Stephen Thaler’s applications for patents for two … Continue reading

A Cautionary Tale: Navigating the Intersection of AI and Legal Research

In the rapidly evolving world of legal practice, artificial intelligence (AI) has begun to play an instrumental role, offering promising opportunities to streamline research, facilitate case analysis, and improve efficiency. However, a recent magistrates court case, Parker v Forsyth N.O. & Others, serves as a pivotal reminder of the need to use these tools with … Continue reading

A non-life insurer can insure its first-party risks

A March 2023 decision of the Financial Services Tribunal found that there is no implied prohibition in the Insurance Act on ‘traditional’ insurers (not cell) underwriting risks for both its own first party risks and third party risks. Abacus Insurance Limited (“Abacus”), a traditional insurer, holds a non-life insurance licence, permitting it to underwrite third … Continue reading

Proving Factual Causation in Personal Injury Claims

In Nsibande v Passenger Rail Agency of South Africa, the plaintiff sought damages for personal injuries sustained from allegedly falling off a moving train. The defendant denied liability, stating that the train doors were checked and found to be in working order, and that the doors were closed at the time of the alleged incident. … Continue reading
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