Ehlers NO en Andere v Graphorn NO en Andere (265/2003, 278/03)
Ehlers NO en Andere v Graphorn NO en Andere (265/2003, 278/03) [2005] ZASCA 6; [2005] 4 All SA 601 (SCA) (15 March 2005)
The Supreme Court of Appeal found that the Board's representation that the buffalo were disease-free was made negligently. The Board relied solely on the origin of the buffalo and the permit system, without conducting pathological tests, despite the existence of risk factors and the catastrophic consequences of disease transmission. The court held that a reasonable person in the Board's position would have made further inquiries or conducted tests before making such a representation. The Board's conduct fell short of the required standard of care. Regarding the contract between Tangeni and Si…
Source excerpt
- Negligent Misrepresentation
- Implied Terms
- Animal Disease Control
- Damages For Misrepresentation
- Contractual Liability
- Wildlife Auction Liability