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South Africa decisions
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Paul v ER Consulting Incorporated and Another (22932/2014) [2018] ZAGPPHC 827 (17 October 2018)
The High Court held that the plaintiff’s damages claim was prescribed because he had the necessary facts and debtor identity by 26 March 2011.
Afrox Healthcare Bpk v Strydom (172/2001) [2002] ZASCA 73; 2002 (6) SA 21 (SCA) [2002] 4 All SA 125 (SCA) (31 May 2002)
The Supreme Court of Appeal held that the exclusionary clause in the hospital admission contract is valid and enforceable. The respondent's claim was based on contract, and he signed the admission document containing the clause, which excluded liability for negligence except for intentional misconduct. The court found no evidence of an unequal bargaining position or that the clause was objectively unexpected in hospital contracts. The clause does not contravene public policy or constitutional values, including section 27 of the Constitution, as it does not prevent access to medical care or un…
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