S M Goldstein & Co (Pty) Ltd. v Cathkin Park Hotel (Pty) Ltd and Another (513/98) [2000] ZASCA 37; 2000 (4) SA 1019 (SCA) ; [2000] 4 All SA 407 (A) (8 September 2000)

S M Goldstein & Co (Pty) Ltd. v Cathkin Park Hotel (Pty) Ltd and Another (513/98) [2000] ZASCA 37; 2000 (4) SA 1019 (SCA) ; [2000] 4 All SA 407 (A) (8 September 2000)

The Supreme Court of Appeal held that the appellant, as building contractor, was negligent in constructing a fireplace that was manifestly unsafe by failing to follow the manufacturer's installation instructions and the National Building Regulations. The court found that a reasonable builder would have foreseen the risk of fire and taken steps to prevent it, such as insulating combustible materials and adhering to safety instructions. The appellant's contractual obligations did not absolve it from delictual liability, as the contract itself required compliance with safety standards and manufacturer's instructions, and provided mechanisms for resolving conflicts between design and safety....

Citation
[2000] ZASCA 37
Parties
Appellant: S M Goldstein & Co (Pty) Ltd; Respondent: Cathkin Park Hotel (Pty) Ltd; Respondent: Drakensberg Sun Hotel (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 September 2000
Case Number
513/98
Procedural Posture
Civil Appeal / Appeal Against Finding of Liability; Quantum Separated
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Smalberger, Harms, Plewman
Legal Topics
Negligence, Delictual Liability, Building Regulations, Contributory Negligence, Contractual Duties, Fire Safety
Delict Land and Property Civil Procedure Negligence Delictual Liability Building Regulations Contributory Negligence Contractual Duties +1 more

Case Brief

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Parties

S M Goldstein & Co (Pty) Ltd

Appellant

Cathkin Park Hotel (Pty) Ltd

Respondent

Drakensberg Sun Hotel (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Finding of Liability; Quantum Separated

Legal Issues

  1. 1 Whether the appellant, as building contractor, was negligent in constructing a fireplace that was manifestly unsafe.
  2. 2 Whether the appellant owed a legal duty in delict to the building owner and third parties.
  3. 3 Whether the appellant's contractual obligations absolved it from delictual liability.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant, as building contractor, was negligent in constructing a fireplace that was manifestly unsafe by failing to follow the manufacturer's installation instructions and the National Building Regulations. The court found that a reasonable builder would have foreseen the risk of fire and taken steps to prevent it, such as insulating combustible materials and adhering to safety instructions. The appellant's contractual obligations did not absolve it from delictual liability, as the contract itself required compliance with safety standards and manufacturer's instructions, and provided mechanisms for resolving conflicts between design and safety....

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal, including the costs of two counsel.