South Africa Case Law

National Consumer Commission v Bryanston Executive Cars CC (NCT/303398/2023/73(2)(b))

National Consumer Commission v Bryanston Executive Cars CC (NCT/303398/2023/73(2)(b)) [2024] ZANCT 26 (28 June 2024)

Court

National Consumer Tribunal

Case number

NCT/303398/2023/73(2)(b)

Judges

S Hockey, A Potwana, S Mbhele

The Tribunal found that a used Audi sold by the respondent was defective within six months, breached the CPA, and ordered engine repair or replacement plus a fine.

• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Administrative Fine
• Contractual Exclusion Of Liability
• Consumer-protection-act

Africa Best Foods (PTY) Ltd v DSV South Africa (PTY) Ltd (42576/2021)

Africa Best Foods (PTY) Ltd v DSV South Africa (PTY) Ltd (42576/2021) [2022] ZAGPJHC 616 (29 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

42576/2021

Judge

R. Francis-Subbiah

The High Court dismissed an exception in a delict claim arising from mushroom transport, finding the pleaded duty could be independent of the contract.

• Exception To Pleadings
• Pure Economic Loss
• Duty Of Care
• Contractual Exclusion Of Liability
• Negligence
• Business Relationship Liability

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (1174/2018)

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (1174/2018) [2020] ZASCA 33; [2020] 3 All SA 73 (SCA) (3 April 2020)

Court

Supreme Court of Appeal

Case number

1174/2018

Judges

Ponnan, Saldulker, Mokgohloa, Nicholls, Koen

The Supreme Court of Appeal held that Osman Tyres’ claim could proceed because the contract did not exclude gross negligence, but Mr Osman’s personal delictual claim failed.

• Contractual Exclusion Of Liability
• Gross Negligence
• Absolution From The Instance
• Interpretation Of Contracts
• Private Security Regulation
• Absolution-from-the-instance

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (2828/2010)

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (2828/2010) [2017] ZANWHC 113 (7 December 2017)

Court

North West High Court, Mafikeng

Case number

2828/2010

Judge

R D Hendricks

The court granted absolution from the instance after finding no evidence to support contractual or delictual liability against the security company.

• Contractual Exclusion Of Liability
• Absolution From Instance
• Burden Of Proof
• Emotional Distress Claim
• Waiver And Indemnity
• Absolution-from-instance

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

Reyneke v Intercape Ferreira Mainliner (Pty) Ltd (108/2012)

Reyneke v Intercape Ferreira Mainliner (Pty) Ltd (108/2012) [2013] ZAECGHC 47 (23 May 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

108/2012

Judges

J.D. Pickering, N. Dambuza, C.K. Mey

The court found that the indemnity clause was clear and unambiguous in excluding respondent's liability for any loss or damages, including those arising from negligence, in connection with the conveyance of passengers. The appellant had signed the passenger manifest, thereby assenting to the terms and conditions, and respondent had taken reasonable steps to bring the disclaimer to her attention. The omission of the specific words 'negligent driving' did not render the disclaimer ambiguous, as the language encompassed all forms of negligence related to the conveyance of passengers. The court f…

Source excerpt

• Indemnity Clause
• Contractual Exclusion Of Liability
• Quasi Mutual Assent
• Contra Proferens Rule
• Public Policy
• Passenger Liability

Crowie Projects (Pty) Ltd v Durban University of Technology and Others (5612/10)

Crowie Projects (Pty) Ltd v Durban University of Technology and Others (5612/10) [2012] ZAKZDHC 93 (30 November 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

5612/10

Judge

Desai

The court dismissed a bidder’s claim for out-of-pocket expenses after a university re-tendered a student housing project, holding the tender documents excluded liability.

• Tender Process
• Contractual Exclusion Of Liability
• Out Of Pocket Expenses
• Bad Faith In Negotiations
• Tender-process
• Contractual-exclusion-of-liability

Twoline Trading 2 (Pty) Ltd v Brainwave Projects 1232 CC and Others (29175/12)

Twoline Trading 2 (Pty) Ltd v Brainwave Projects 1232 CC and Others (29175/12) [2012] ZAGPJHC 260 (15 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

29175/12

Judge

RS Mathopo

The respondents were in substantial arrears with rental and related charges from the inception of the lease, despite several indulgences and a reduction in rental by the applicant. The lease agreement was validly cancelled in writing after repeated breaches. Clause 20.6 of the lease agreement expressly excluded any claim for compensation, damages, or remission of rental arising from renovations or construction works. The respondents' reliance on loss of beneficial occupation was not supported by the facts, as arrears predated the renovations, and the contractual exclusion was enforceable. The…

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• Lease Agreement
• Eviction
• Arrear Rental
• Remission Of Rent
• Beneficial Occupation
• Contractual Exclusion Of Liability

AB Ventures Ltd v Siemens Ltd (2011 (4) SA 614 (SCA))

AB Ventures Ltd v Siemens Ltd (2011 (4) SA 614 (SCA)) [2011] ZASCA 58; 294/10 (31 March 2011)

Court

Supreme Court of Appeal

Case number

294/10

Judges

Nugent, Cloete, Ponnan, Snyders, Bosielo

The Supreme Court of Appeal dismissed AB Ventures’ delict claim for pure economic loss, holding there was no basis to extend Aquilian liability.

• Pure Economic Loss
• Aquilian Liability
• Negligence
• Contractual Exclusion Of Liability
• Pure-economic-loss
• Aquilian-liability

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006)

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006) [2008] ZAWCHC 104 (30 April 2008)

Court

Western Cape High Court, Cape Town

Case number

AC181/2006

Judge

Davis

The application for leave to appeal was dismissed because the applicant failed to demonstrate a reasonable prospect that the Supreme Court of Appeal would interpret the relevant English law on maritime liens differently. The Court found that the statutory time bar does not apply to maritime lien claims asserted in rem, but where a contractual provision excludes the owner's liability, no damage lien accrues if the charterers are treated as owners. The Court also held that Tsvaliris, as a subcontractor, was entitled to the protection of the Himalaya clause under the Towcon agreement, as the con…

Source excerpt

• Maritime Lien
• Admiralty Jurisdiction Regulation Act
• Contractual Exclusion Of Liability
• Himalaya Clause
• Action In Rem
• Charter Party Liability