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South Africa Case Law

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Commercial And Corporate [2015] ZASCA 31

Bothma-Batho Transport (Pty) Limited and Another v Nedbank Limited (223/2014)

Bothma-Batho Transport (Pty) Limited and Another v Nedbank Limited (223/2014) [2015] ZASCA 31 (25 March 2015)

Court
Supreme Court of Appeal
Case number
223/2014
Judges
Ponnan, Leach, Willis, Saldulker, Meyer

The Supreme Court of Appeal held that the bank could not compel a replacement life policy by importing a tacit term where the contract already dealt with premiums and remedies.

  • Cession Of Life Policy
  • Security For Debt
  • Implied And Tacit Terms
  • Contractual Remedies
  • Cession-of-life-policy
  • Security-for-debt
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.