Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2006] ZASCA 29

D & H Piping Systems (Pty) Ltd v Trans Hex Group Ltd. and Another (119/05)

D & H Piping Systems (Pty) Ltd v Trans Hex Group Ltd. and Another (119/05) [2006] ZASCA 29; 2006 (3) SA 593 (SCA) ; [2006] 3 All SA 309 (SCA) (24 March 2006)

Court
Supreme Court of Appeal
Case number
119/05
Judges
Howie, Mthiyane, Cloete, Maya, Cachalia

The Supreme Court of Appeal held that the respondent's general terms and conditions, including exclusion clauses, were not incorporated into the contracts of purchase and sale, as no authorized representative of the appellant had knowledge of or assented to them. The respondent was found to be a manufacturing seller, as the processes applied to the raw dolomitic rock resulted in aggregate and sand with commercial utility distinct from the original material. The court confirmed that a manufacturing seller is liable for consequential loss caused by latent defects in the goods sold, regardless o…

Source excerpt

  • Liability Of Manufacturing Seller
  • Latent Defect
  • Exclusion Of Consequential Loss
  • Incorporation Of Standard Terms
  • Course Of Dealing
  • Contractual Damages
Read case analysis
Commercial And Corporate [2003] ZASCA 51

Cape Group Construction (Pty) Ltd t/a Forbes Waterproofing v Government of the United Kingdom (99/2002)

Cape Group Construction (Pty) Ltd t/a Forbes Waterproofing v Government of the United Kingdom (99/2002) [2003] ZASCA 51; [2003] 3 All SA 496 (SCA); 2003 (5) SA 180 (SCA) (23 May 2003)

Court
Supreme Court of Appeal
Case number
99/2002
Judges
Schutz, Cloete, Heher

The Supreme Court of Appeal held that Forbes's standard terms and conditions, including the exemption clause, were not incorporated into the contract with the Government. The reference to 'See Terms and Conditions Overleaf' in the faxed quotation was insufficient, as only one page was sent and there was no 'overleaf'. The court found that the natural and objective interpretation of the fax was that no additional terms applied. Even if incorporation was arguable, Forbes failed to take reasonable steps to bring the exemption clause to the Government's attention, as required by the 'ticket' case…

Source excerpt

  • Incorporation Of Standard Terms
  • Exemption Clauses
  • Quasi Mutual Assent
  • Contractual Construction
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.