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South Africa decisions
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Moloto v Amani African Spas (Pty) Limited and Another (2014/31136) [2015] ZAGPJHC 100 (27 May 2015)
High Court exception dismissed where the plaintiff pleaded delictual claims for fraudulent non-disclosure and rescission, despite contractual warranties in the agreement.
Meer Hardware CC v Nedbank Limited and Others (7321/06) [2008] ZAKZHC 39 (11 June 2008)
The High Court held Nedbank liable in principle for negligent misrepresentation after letters induced Meer Hardware to resume supplying Ndosi Builders on credit.
Ehlers NO en Andere v Graphorn NO en Andere (265/2003, 278/03) [2005] ZASCA 6; [2005] 4 All SA 601 (SCA) (15 March 2005)
The Supreme Court of Appeal found that the Board's representation that the buffalo were disease-free was made negligently. The Board relied solely on the origin of the buffalo and the permit system, without conducting pathological tests, despite the existence of risk factors and the catastrophic consequences of disease transmission. The court held that a reasonable person in the Board's position would have made further inquiries or conducted tests before making such a representation. The Board's conduct fell short of the required standard of care. Regarding the contract between Tangeni and Si…
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