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South Africa decisions
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Clearfreight (Pty)Ltd v Pitech Sales CC (186/12) [2013] ZASCA 181 (29 November 2013)
The Supreme Court of Appeal held that Pictech failed to prove under-receipting or loss of copper tubing stored by Clearfreight, and its counterclaim failed.
Barloworld Motor Retail South Africa a division of Barloworld South African (Pty) Ltd Formerly registered as Barloworld Motor (Pty) Ltd t/a Barloworld Toyota Witbank v Prellex 169 CC t/a Motiq Wash and Valet Centre (44839/2009) [2010] ZAGPPHC 200 (18 November 2010)
High Court claim for the value of a vehicle lost after delivery for valet services was dismissed because negligence by the defendant was not proved.
Mercurius Motors v Lopez (149/07) [2008] ZASCA 22; [2008] 3 All SA 238 (SCA); 2008 (3) SA 572 (SCA) (27 March 2008)
The Supreme Court of Appeal held Mercurius Motors liable for the stolen Jeep, finding the exemption clauses were not properly incorporated and that Mercurius was negligent.
South African Eagle Insurance Company Ltd v NBS Bank Ltd (294/99) [2001] ZASCA 118; [2002] 2 All SA 220 (A); 2002 (1) SA 560 (SCA) (28 September 2001)
The Supreme Court of Appeal found that the appellant had proved the existence of oral contracts of deposit with the respondent, facilitated by the respondent's branch manager who was held out as having ostensible authority to accept such deposits. The cheques were drawn and deposited in a manner that ensured only the respondent could receive the funds, and the subsequent crediting to a third party's account did not negate the respondent's receipt of the deposits. The letters issued by the branch manager constituted valid acknowledgments of debt, and the appellant had accepted them animo contr…
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