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South Africa Case Law

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Delict [2013] ZAFSHC 16

Bruwer v Nortje NO and Another (2467/2011)

Bruwer v Nortje NO and Another (2467/2011) [2013] ZAFSHC 16 (21 February 2013)

Delict claim from a cable-slide injury failed: the court found no proven negligence and held that liability was excluded by signed rules and regulations.

  • Negligence
  • Exclusionary Clause
  • Duty Of Care
  • Contractual Liability Exclusion
  • Delict
  • Exclusionary-clause
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Commercial And Corporate [2012] ZAGPJHC 298

Lloyds of London C/O Lloyds of South Africa v Baran Transport CC (18463/2010)

Lloyds of London C/O Lloyds of South Africa v Baran Transport CC (18463/2010) [2012] ZAGPJHC 298 (16 October 2012)

The High Court dismissed an insurer’s claim to recover a payout, finding it failed to prove the driver was drunk or that the claim form was fraudulently completed.

  • Insurance Contract
  • Exclusionary Clause
  • Fraudulent Claim
  • Burden Of Proof
  • Insurance-contract
  • Exclusion-clause
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Commercial And Corporate [2012] ZAGPJHC 191

Lloyds of London c/o Lloyds of South Africa v Baran Transport CC (18463/2010)

Lloyds of London c/o Lloyds of South Africa v Baran Transport CC (18463/2010) [2012] ZAGPJHC 191 (16 October 2012)

Insurer failed to prove intoxication or fraud and its claim for repayment was dismissed with costs.

  • Insurance Contract
  • Exclusionary Clause
  • Fraudulent Claim
  • Burden Of Proof
  • Insurance-contract
  • Exclusionary-clause
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Commercial And Corporate [2012] ZAGPJHC 2

Hypercheck (Pty) Ltd v Mutual & Federal Insurance Company Ltd (2010/2695)

Hypercheck (Pty) Ltd v Mutual & Federal Insurance Company Ltd (2010/2695) [2012] ZAGPJHC 2 (11 January 2012)

The High Court held that an insurance exclusion barred cover for damage caused by the collapse of a concrete awning after its support was cut away.

  • Insurance Policy Interpretation
  • Exclusionary Clause
  • Contra Proferentem
  • Accidental Damage
  • Business Efficacy
  • Eiusdem Generis
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.