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Enaz (PTY) Ltd v Mutual & Federal Insurance Co. Ltd and Another (1614/2002) [2003] ZAWCHC 60 (4 November 2003)
A High Court held that an insurance broker was not liable for a theft loss where it reasonably alerted the insured to a safe-grading requirement.
Goldfields Security Ltd. v Ermelo Mine Services (Pty) Ltd. (531/87) [1989] ZASCA 25 (23 March 1989)
The court upheld a breach of contract claim against Goldfields Security for failing to screen a security employee, which helped enable a mine theft.
Sommer v Wilding (258/82) [1984] ZASCA 53; [1984] 4 ALL SA 356 (AD) ; 1984 (3) SA 647 (A) (22 May 1984)
The Supreme Court of Appeal held that the appellant, as the grantee of an option to purchase shares, was required to prove on a balance of probabilities that he would have exercised the option during its currency in order to establish a causal link between the respondent's breach and the damages claimed. The Court found that the appellant failed to discharge this onus, as the evidence indicated significant uncertainty regarding whether he would have exercised the option, given the deteriorating relationship between the parties, unresolved terms of the contemplated agreement, and the appellant…
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