Voermol Feeds (Pty) Ltd v Hattingh (13225/2010)
Voermol Feeds (Pty) Ltd v Hattingh (13225/2010) [2019] ZAKZDHC 28 (5 November 2019)
The court found that the defendant's counter-claim was based in delict but relied exclusively on the breach of contractual duties owed by the plaintiff. The defendant did not plead an independent cause of action unrelated to the contract. Clause 6 of the agreement expressly excluded liability for indirect or consequential damages, including those arising from negligence, and limited direct damages to the purchase price of the goods. The defendant conceded these limitations. South African law, as established in Lillicrap and subsequent cases, does not permit Aquilian liability where the neglig…
Source excerpt
- Contractual Limitation Of Liability
- Pure Economic Loss
- Negligent Advice
- Exclusion Of Claims
- Concurrent Liability
- Duty Of Care