South Africa Case Law

Aucamp and Others v University of Stellenbosch (A19/01)

Aucamp and Others v University of Stellenbosch (A19/01) [2002] ZAWCHC 14; 2002 (4) SA 544 (C) (15 March 2002)

Court

Western Cape High Court, Cape Town

Case number

A19/01

Judges

Van Zyl, Cleaver, Fitzgerald

The court found that the respondent, as employer, owed a fiduciary duty to the deceased to properly inform him of his rights and options regarding group life insurance membership. The respondent's notices and documentation were ambiguous and misleading, depriving the deceased of a fair opportunity to join the new scheme. The respondent further misrepresented, through subsequent documentation and seminars, that the deceased was covered, causing him and the first appellant to believe he had insurance. The first appellant, as widow and nominated beneficiary, was the intended beneficiary and suff…

Source excerpt

• Pure Economic Loss
• Negligent Misrepresentation
• Fiduciary Duty
• Disappointed Beneficiary
• Group Life Insurance
• Locus Standi

BoE Bank Ltd v Ries (247/2000)

BoE Bank Ltd v Ries (247/2000) [2001] ZASCA 132; [2002] 2 All SA 247 (A); 2002 (2) SA 39 (SCA) (27 November 2001)

Court

Supreme Court of Appeal

Case number

247/2000

Judges

Schutz, Harms, Cameron, Mthiyane, Conradie

The SCA held that a bank broker had no legal duty to ensure a beneficiary-change form was signed and lodged, so the respondent’s delict claim failed.

• Aquilian Liability
• Pure Economic Loss
• Wrongfulness
• Omission
• Disappointed Beneficiary
• Delict