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South Africa Case Law

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Commercial And Corporate [2016] ZAGPJHC 368

CMH Car Hire (Pty) Ltd t/a First Car Rental v Banda (A5079/2012)

CMH Car Hire (Pty) Ltd t/a First Car Rental v Banda (A5079/2012) [2016] ZAGPJHC 368 (1 June 2016)

Court
South Gauteng High Court, Johannesburg
Case number
A5079/2012
Judges
FHD Van Oosten, MHE Ismail, RE Monama

High Court appeal over a car rental damage waiver. The court held the exclusion did not apply because the accident was not caused by physical contact with an object.

  • Contractual Exclusion Of Liability
  • Collision Damage Waiver
  • Interpretation Of Contract
  • Onus Of Proof
  • Contractual-exclusion-of-liability
  • Collision-damage-waiver
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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.