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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 386

Pretorius v Leonard and Others (11279/2024)

Pretorius v Leonard and Others (11279/2024) [2024] ZAWCHC 386 (25 November 2024)

The High Court dismissed exceptions to particulars of claim in a building-contract dispute, holding the pleadings disclosed a cause of action for defects and lost rental income.

  • Breach Of Contract
  • Damages Quantification
  • Joinder Of Parties
  • Pleading Requirements
  • Consequential Loss
  • Building Contracts
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Commercial And Corporate [2021] ZAECPEHC 38

Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017)

Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017) [2021] ZAECPEHC 38 (13 July 2021)

The court found that the defendant, as a carrier for reward, was negligent in transporting the plaintiff's tele-handlers, resulting in their damage. The evidence established that the plaintiff was the owner of the machines and had locus standi to claim damages. The loss of income suffered by the plaintiff was a foreseeable and contemplated consequence of the breach of the carriage contract. The insurance policy between the defendant and Santam, which excluded consequential damages, did not limit the defendant's liability to the insured amount, nor did it affect the plaintiff's right to claim…

  • Carriage Of Goods For Reward
  • Contractual Damages
  • Consequential Loss
  • Negligence
  • Insurance Exclusion
  • Locus Standi
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Commercial And Corporate [2009] ZAGPPHC 13

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006)

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006) [2009] ZAGPPHC 13 (25 March 2009)

High Court damages claim for defective truck repairs and consequential loss succeeded, with the defendant ordered to pay both claims plus High Court-scale costs.

  • Breach Of Contract
  • Defective Performance
  • Quantification Of Damages
  • Consequential Loss
  • Interest On Judgment
  • Costs Award
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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.