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South Africa decisions
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M S v Road Accident Fund (10133/2018) [2019] ZAGPJHC 84; [2019] 3 All SA 626 (GJ) (25 March 2019)
High Court RAF judgment on causation and quantum in personal injury claims, stressing that unproven injuries and assumptions cannot be cured by contingencies.
McCarthy Ltd v ABSA Bank Ltd (511/08) [2009] ZASCA 118; 2010 (2) SA 321 (SCA) ; [2010] 1 All SA 435 (SCA) (25 September 2009)
The Supreme Court of Appeal held that the trial court misdirected itself by focusing on whether the bank was contractually bound to avoid negligence in its collecting function, rather than considering whether the bank was negligent in paying the cheques. The appellant's claim was properly construed as alleging breach of the mandate to exercise reasonable care when paying cheques. The evidence presented was sufficient for a reasonable court to find that ABSA ought to have made further enquiry before paying the cheques, and its failure to do so could be considered negligent. The knowledge acqui…
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Cooper and Others v Syfrets Trust Ltd. (226/98) [2000] ZASCA 40; 2001 (1) SA 122 (SCA) ; [2000] 4 All SA 347 (A) (11 September 2000)
The court held that negligent advice in 1990 did not extend to a separate 1991 reinvestment in Masterbond, and the appellant also failed on proof of loss.
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