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South Africa decisions
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Barrie-Smith v Marsicano Merchants CC t/a South Atlantic Cables (A292/2019) [2020] ZAWCHC 73 (5 August 2020)
Appeal against a finding of fraudulent misrepresentation inducing credit. The High Court held the appellant helped tell a false Irish funding story and dismissed the appeal with costs.
Ruslyn Mining & Plant Hire (Pty) Ltd v Alexkor Ltd (642/2009) [2010] ZANCHC 8 (26 February 2010)
The High Court refused Ruslyn’s late amendment and granted absolution from the instance on a misrepresentation claim against Alexkor.
Ngqono v Auto & General Insurance Company (441/2004) [2006] ZAECHC 135 (7 September 2006)
The court found that the plaintiff made a material misrepresentation to the insurer by providing inaccurate information regarding her insurance history, specifically claiming uninterrupted comprehensive insurance for five years. This misrepresentation was material to the assessment of risk and induced the insurer to grant a four-year no claims bonus and a lower premium. The objective test of materiality under section 53 of the Short-term Insurance Act applies to both misrepresentation and non-disclosure, and the plaintiff's conduct met this threshold. The insurer was therefore entitled to rep…
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