Antonie v Slatter (30944/08)
Antonie v Slatter (30944/08) [2012] ZAGPJHC 90 (11 May 2012)
The court found that the oral agreement between the parties constituted a contract of commodatum, with no express or tacit indemnity in favour of the defendant. The defendant, as borrower, bore the risk for damage to the BMW. The defendant failed to return the vehicle in the same condition, and the evidence established that the collision occurred while the defendant was driving. The defendant did not testify or provide an explanation for the collision, justifying a negative inference. The plaintiff's witnesses were credible, and the evidence supported both the contractual and delictual claims…
Source excerpt
- Commodatum
- Gratuitous Loan For Use
- Negligent Driving
- Lex Aquilia
- Special Plea
- Causal Connection