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South Africa Case Law

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Commercial And Corporate [2020] ZASCA 65

van Niekerk v Liberty Group Limited (1392/2018)

van Niekerk v Liberty Group Limited (1392/2018) [2020] ZASCA 65 (15 June 2020)

The Supreme Court of Appeal held that the cession of R470,000 under the insurance policy was a cession in securitatem debiti, entitling the cessionary to payment of that amount upon the death of the insured. The appellant was not entitled to the full benefit, as the secured debt remained unpaid. Liberty's overpayment to the appellant was made under a bona fide but mistaken belief, and the error was excusable given the circumstances, including the appellant's failure to submit the cession form and his knowledge of the cession's existence. The appellant was unjustifiably enriched and Liberty im…

  • Unjustified Enrichment
  • Condictio Indebiti
  • Insurance Policy Cession
  • Excusable Error
  • Collateral Cession
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Commercial And Corporate [2017] ZASCA 116

Yarona Healthcare Network (Pty) Ltd v Medshield Medical Scheme (1108/2016)

Yarona Healthcare Network (Pty) Ltd v Medshield Medical Scheme (1108/2016) [2017] ZASCA 116; [2017] 4 All SA 705 (SCA); 2018 (1) SA 513 (SCA) (22 September 2017)

The Supreme Court of Appeal held that Medshield's payments to Yarona were recoverable under the condictio indebiti, even though Medshield failed to prove excusable error for most payments. The court extended the exception to the excusability requirement, holding that medical schemes, acting in a representative capacity for vulnerable members, should not be barred from recovery due to inexcusable slackness of office bearers. The court found that Medshield proved its impoverishment, as the payments were made without a valid contract and resulted in Yarona's unjustified enrichment. The defence o…

  • Condictio Indebiti
  • Unjustified Enrichment
  • Prescription
  • Medical Schemes Act
  • Excusable Error
  • Impoverishment
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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.