Van Wyk and Another v Home Fires TVL CC (5410/99) [2000] ZAGPHC 13 (5 May 2000)

Van Wyk and Another v Home Fires TVL CC (5410/99) [2000] ZAGPHC 13 (5 May 2000)

The court found that the contract for both purchase and installation of the furnace was concluded between the plaintiffs and the defendant. The exemption clauses on the reverse side of the order form were not properly incorporated, as the reverse side was not provided to the plaintiffs, and a reasonable person would not expect such far-reaching exemption terms to apply in these circumstances. The reference to 'see reverse side for further conditions' was reasonably interpreted by the plaintiffs as relating to cancellation terms, not to exclusion of liability for negligent installation. The installer, Mr Blignaut, acted as the agent of the defendant, as evidenced by the arrangement for...

Citation
[2000] ZAGPHC 13
Parties
Plaintiff: De Wet Van Wyk; Plaintiff: Another Plaintiff; Defendant: Home Fires TVL CC
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
5 May 2000
Case Number
5410/99
Procedural Posture
Civil Trial / Liability Separated From Quantum; Merits Adjudicated First
Outcome
Defendant found liable for damages suffered by plaintiffs as a result of the fire.
Judges
Willis
Legal Topics
Negligence, Installation Liability, Exemption Clause, Contra Proferentem, Agency, Contractual Terms
Delict Civil Procedure Negligence Installation Liability Exemption Clause Contra Proferentem Agency Contractual Terms

Case Brief

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Parties

De Wet Van Wyk

Plaintiff

Another Plaintiff

Plaintiff

Home Fires TVL CC

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Merits Adjudicated First

Legal Issues

  1. 1 Whether the defendant is liable for damages caused by the fire resulting from the installation of the furnace.
  2. 2 Whether the exemption clauses on the reverse side of the order form exonerate the defendant from liability.
  3. 3 Whether the installer acted as agent or independent contractor for the defendant.

Ratio Decidendi

The court found that the contract for both purchase and installation of the furnace was concluded between the plaintiffs and the defendant. The exemption clauses on the reverse side of the order form were not properly incorporated, as the reverse side was not provided to the plaintiffs, and a reasonable person would not expect such far-reaching exemption terms to apply in these circumstances. The reference to 'see reverse side for further conditions' was reasonably interpreted by the plaintiffs as relating to cancellation terms, not to exclusion of liability for negligent installation. The installer, Mr Blignaut, acted as the agent of the defendant, as evidenced by the arrangement for...

Court Disposition

Defendant found liable for damages suffered by plaintiffs as a result of the fire.

Orders

  • The defendant is liable for payment of such damages as plaintiffs suffered as a result of the fire which occurred at their premises on 15 May 1997.
  • The defendant is to pay the costs, including wasted costs occasioned by the adjournment.