Stone v Mangaung Metropolitan Municipality (4976/2016) [2018] ZAFSHC 98 (25 May 2018)
Court
Free State High Court, Bloemfontein
Case number
4976/2016
Judge
M Opperman
The High Court held Mangaung Metropolitan Municipality solely liable for injuries caused by broken swimming pool steps and rejected its ‘enter at own risk’ defence.
Masstores (Pty) Ltd v Murray & Roberts Construction Ltd. (Pty) Ltd. and Another (573/2007) [2008] ZASCA 94; 2008 (6) SA 654 (SCA) ; [2009] 1 All SA 146 (SCA) (12 September 2008)
Court
Supreme Court of Appeal
Case number
573/2007
Judges
MPATI, LEWIS, MLAMBO, KGOMO, MHLANTLA
The Supreme Court of Appeal held that a building contract clause exempted the contractor from liability for damage to the existing structure, even if negligent or grossly negligent.
Drifters Adventure Tours CC v Hircock (602/05) [2006] ZASCA 174; [2007] 1 All SA 133 (SCA); 2007 (2) SA 83 (SCA) (29 September 2006)
Court
Supreme Court of Appeal
Case number
602/05
Judges
Zulman, Farlam, Conradie, Mlambo, Maya
The Supreme Court of Appeal held that the indemnity clause, when read in the context of the entire contract and the conditions on the reverse side of the booking form, did not expressly or unambiguously exclude liability for negligent driving on a public road. The reference to 'driving' in the conditions was ambiguous and, applying the contra proferentem rule, the ambiguity must be resolved against the appellant. The evidence indicated that the risks intended to be excluded related to adventure activities and not ordinary road transportation. Furthermore, statutory requirements for public lia…