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South Africa decisions
Decisions matching the current search
Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (21830/2014) [2020] ZAGPJHC 111 (25 March 2020)
The High Court held Schenker vicariously liable for its employee’s theft of Fujitsu goods and found contractual exclusion clauses did not bar the delictual claim.
Multiserv (Pty) Limited v Pather (10555/2008) [2009] ZAKZDHC 1 (16 March 2009)
The court refused summary judgment in a franchise dispute and granted the defendant leave to defend, reserving costs for trial.
Hartley v Pyramid Freight (Pty) Ltd t/a Sun Couriers (498/05) [2006] ZASCA 101; 2007 (2) SA 599 (SCA) (14 September 2006)
The court held that the appellant, a senior attorney, knew a written contract with standard terms would be concluded and could have read the conditions but chose not to. The evidence did not establish that the respondent's representative knew or ought to have known that the appellant was labouring under a material mistake regarding the exclusionary clauses. The caveat subscriptor rule applied, binding the appellant to the contract's terms, including the exclusion of liability for loss of negotiable instruments. The appellant's unilateral mistake was not excusable, and the exclusionary clauses…
Source excerpt
Regent Insurance Company t/a Imperial Commercial Insurance v DMJ Transport CC (A57/06) [2006] ZAWCHC 31 (28 July 2006)
Appeal dismissed in an insurance dispute over passenger overload and alleged unroadworthiness after a fatal bus crash.
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