Suid-Afrikaanse Nasionale Lewens-assuransiemaatskappy Bpk. v Louw & Collins Afslaers (Edms) Bpk. (733/94) [1996] ZASCA 110; 1997 (1) SA 592 (SCA); [1997] 1 All SA 473 (A); (25 September 1996)

Suid-Afrikaanse Nasionale Lewens-assuransiemaatskappy Bpk. v Louw & Collins Afslaers (Edms) Bpk. (733/94) [1996] ZASCA 110; 1997 (1) SA 592 (SCA); [1997] 1 All SA 473 (A); (25 September 1996)

The Supreme Court of Appeal held that the respondent's damages were caused by the appellant's negligent misrepresentation regarding the payment of the insurance premium and the failure to correct the false impression. The defence of intentional wrongful conduct by the respondent's employees was not established on...

Source-derived case information.

Citation
[1996] ZASCA 110
Parties
Appellant: Suid-Afrikaanse Nasionale Lewens-assuransiemaatskappy Beperk; Respondent: Louw & Collins Afslaers (Edms) Beperk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
733/94
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division; Judgment Delivered After Hearing on 12 September 1996
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Van Heerden, Vivier, F H Grosskopf, Marais, Scott
Legal Topics
Negligent Misrepresentation, Contributory Negligence, Causation, Damages Assessment, Apportionment of Liability, Insurance Contracts
Delict Civil Procedure Commercial and Corporate Negligent Misrepresentation Contributory Negligence Causation Damages Assessment Apportionment of Liability +1 more

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Parties

Suid-Afrikaanse Nasionale Lewens-assuransiemaatskappy Beperk

Appellant

Louw & Collins Afslaers (Edms) Beperk

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division; Judgment Delivered After Hearing on 12 September 1996

  1. 1 Whether the respondent's damages were caused by negligent misrepresentation by the appellant.
  2. 2 Whether the defence of intentional wrongful conduct by respondent's employees defeats the claim.
  3. 3 Whether the damages should be reduced due to contributory negligence under the Apportionment of Damages Act.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's damages were caused by the appellant's negligent misrepresentation regarding the payment of the insurance premium and the failure to correct the false impression. The defence of intentional wrongful conduct by the respondent's employees was not established on the evidence, as there was insufficient proof that Lombard or Strauss acted with the requisite knowledge or intent to further a fraudulent scheme. The court found that the damages suffered by the respondent were not causally linked to any contributory negligence by Strauss, as the credit would have been extended regardless of his misrepresentation. Therefore, the reduction of...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two advocates.