Homsek (Pty) Limited t/a Homsek Suiwel v J.W. Muller & Seun (A33/2014) [2015] ZAWCHC 121 (2 September 2015)
Court
Western Cape High Court, Cape Town
Case number
A33/2014
Judges
Goliath, Schippers
The High Court dismissed an appeal over a milk supply dispute, holding that the appellant failed to prove a tacit term shifting post-delivery quality risk to producers.
Masstores (Pty) Ltd v Murray & Roberts Construction Ltd. (Pty) Ltd. and Another (573/2007) [2008] ZASCA 94; 2008 (6) SA 654 (SCA) ; [2009] 1 All SA 146 (SCA) (12 September 2008)
Court
Supreme Court of Appeal
Case number
573/2007
Judges
MPATI, LEWIS, MLAMBO, KGOMO, MHLANTLA
The Supreme Court of Appeal held that a building contract clause exempted the contractor from liability for damage to the existing structure, even if negligent or grossly negligent.
Imperial Group (Pty) Ltd. v NCS Resins (Pty) Ltd. (197/06) [2007] ZASCA 13; [2007] SCA 13 (RSA) ; [2007] 2 All SA 483 (SCA) (20 March 2007)
Court
Supreme Court of Appeal
Case number
197/06
Judges
Scott, Cameron, Cloete, Ponnan, Mlambo
The Supreme Court of Appeal held that clause 9.6 of the contract expressly imposes liability on Imperial for damage caused by breach of contract, including fire, unless Imperial proves the damage was caused by NCS's fault. Clause 11.6, which obliges NCS to insure its stock against fire and natural disasters, does not qualify or override clause 9.6. The obligation to insure does not, in this context, transfer the risk of fire to NCS, nor does it preclude NCS's insurers from recovering by subrogation against Imperial. The contract's structure and language do not support Imperial's contention th…