South Africa Case Law

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22)

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22) [2023] ZACC 20; 2023 (9) BCLR 1054 (CC); (2023) 44 ILJ 2391 (CC); 2023 (6) SA 327 (CC) (28 June 2023)

Court

Constitutional Court

Case number

CCT 32/22

Judges

Zondo CJ, Maya DCJ, Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The majority of the Constitutional Court held that clause 17 of the SAAFF standard terms and conditions is clear and unambiguous in excluding liability for loss of valuable goods, including theft by an employee, unless special arrangements are made in writing. The Court found that Fujitsu did not make such arrangements and therefore Schenker is not liable. The Court reasoned that the parties voluntarily agreed to the terms, and there is no evidence of unequal bargaining power or unfairness. The clause does not offend public policy, as it does not benefit the employer from the theft, and the r…

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• Contractual Exemption Clauses
• Public Policy
• Vicarious Liability
• Interpretation Of Contracts
• Deliberate Wrongdoing
• Standard Form Contracts

Toyota South Africa (Pty) Ltd v Baobab Kiosk & Vulstasie CC (A3021/2014)

Toyota South Africa (Pty) Ltd v Baobab Kiosk & Vulstasie CC (A3021/2014) [2015] ZAGPJHC 328 (13 May 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A3021/2014

Judges

M B Mahalelo, B Mashile

High Court appeal over a vehicle warranty dispute. The court held the respondent was bound by the warranty exclusions and upheld the appeal with costs.

• Contractual Exemption Clauses
• Manufacturer Warranty
• Public Policy In Contracts
• Burden Of Proof
• Interpretation Of Contracts
• Contractual-exemption-clauses

Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC and Another (2009/12568, 2009/47543)

Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC and Another (2009/12568, 2009/47543) [2010] ZAGPJHC 20 (12 April 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/12568, 2009/47543

Judge

Mokgoatlheng

The court found that the respondents failed to prove fraudulent misrepresentation by the applicants. The lease agreements contained entire agreement and exemption clauses, which precluded reliance on prior representations and claims for compensation for improvements. The respondents' alleged rescission was not exercised within a reasonable time, and their continued occupation after cancellation constituted unlawful enrichment. The defence of ius retentionis was contractually excluded, and the alleged illegality under the National Building Regulations and Building Standards Act did not render…

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• Lease Cancellation
• Fraudulent Misrepresentation
• Ius Retentionis
• Arrear Rentals
• Contractual Exemption Clauses
• Unlawful Enrichment

Barloworld Equipment (Pty) Ltd v Zed Quarrying (Pty) Ltd and Another (6656/08)

Barloworld Equipment (Pty) Ltd v Zed Quarrying (Pty) Ltd and Another (6656/08) [2008] ZAKZHC 82 (28 October 2008)

Court

High Courts - Kwazulu Natal

Case number

6656/08

Judge

Ntshangase

The court found that the defendants had disclosed sufficient facts and grounds for a bona fide defence to the plaintiff's claims, including allegations of defective workmanship, gross negligence, and the applicability of contractual exemption clauses. The technical issue of the plaintiff's failure to plead the nexus between the exclusionary clauses and the specific claims was considered arguable. The defendants' intended counterclaim for damages incurred in hiring substitute equipment was not clearly excluded by the contractual terms, particularly in relation to damages flowing directly from…

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• Summary Judgment
• Contractual Exemption Clauses
• Counterclaim
• Defective Workmanship
• Suretyship

First National Bank of Southern Africa Ltd v Rosenblum and Another (392/1999)

First National Bank of Southern Africa Ltd v Rosenblum and Another (392/1999) [2001] ZASCA 77; [2001] 4 All SA 355 (A); 2001 (4) SA 189 (SCA) (1 June 2001)

Court

Supreme Court of Appeal

Case number

392/1999

Judges

Marais, Navsa, Chetty

The Supreme Court of Appeal held that clause 2 of the standard contract between the bank and its customer is clear and unambiguous in exempting the bank from liability for loss or damage to articles lodged for safe custody, whether caused by theft, negligence, or any other cause, including acts committed by employees in the course and scope of their employment. The Court rejected the respondents' arguments that the clause should be interpreted restrictively or that public policy prohibits exemption from liability for employee theft or gross negligence. The ejusdem generis principle was found…

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• Contractual Exemption Clauses
• Vicarious Liability
• Gross Negligence
• Interpretation Of Contracts

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92)

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92) [1993] ZASCA 55; 1993 (3) SA 424 (AD); (1 April 1993)

Court

Supreme Court of Appeal

Case number

272/92

Judges

Hoexter, Smalberger, F H Grosskopf, Van Coller, Kriegler

The court held that a wide exemption clause barred a claim for damages arising from negligent or defective workmanship, and upheld the exception.

• Contractual Exemption Clauses
• Fundamental Breach
• Malperformance
• Striking Out Of Pleadings
• Contractual-exemption-clauses
• Fundamental-breach

Van Streepen & Germs (Pty) Ltd v Transvaal Provincial Administartion (71/87)

Van Streepen & Germs (Pty) Ltd v Transvaal Provincial Administartion (71/87) [1987] ZASCA 69 (21 August 1987)

Court

Supreme Court of Appeal

Case number

71/87

Judges

Corbett, Botha, Hefer, Grosskopf, Nestadt

The court held that a declaratory order limiting damages under a contract was appealable, and that the clause did not limit damages for the employer’s wrongful cancellation.

• Building Contracts
• Quantum Of Damages
• Contractual Exemption Clauses
• Declaratory Orders
• Appealability
• Variation Of Contract