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South Africa Case Law

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Commercial And Corporate [2021] ZAECPEHC 38

Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017)

Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017) [2021] ZAECPEHC 38 (13 July 2021)

The court found that the defendant, as a carrier for reward, was negligent in transporting the plaintiff's tele-handlers, resulting in their damage. The evidence established that the plaintiff was the owner of the machines and had locus standi to claim damages. The loss of income suffered by the plaintiff was a foreseeable and contemplated consequence of the breach of the carriage contract. The insurance policy between the defendant and Santam, which excluded consequential damages, did not limit the defendant's liability to the insured amount, nor did it affect the plaintiff's right to claim…

  • Carriage Of Goods For Reward
  • Contractual Damages
  • Consequential Loss
  • Negligence
  • Insurance Exclusion
  • Locus Standi
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Delict [2012] ZASCA 69

MacDonald and Others v Road Accident Fund (453/2011)

MacDonald and Others v Road Accident Fund (453/2011) [2012] ZASCA 69; [2012] 4 All SA 15 (SCA) (24 May 2012)

The Supreme Court of Appeal held that the appellants' maintenance needs were fully met by the assets devolved to the testamentary trust from the deceased father's estate. The proceeds of insurance policies must be ignored in terms of the Assessment of Damages Act 9 of 1969. The correct approach is to determine whether the non-insurance assets and income were sufficient to cover the actual maintenance paid to the appellants. The actuarial approach based on hypothetical assumptions and percentage splits between insurance and non-insurance assets was rejected. The evidence indicated that the non…

  • Loss Of Support
  • Assessment Of Damages Act
  • Pecuniary Loss
  • Insurance Exclusion
  • Quantum Of Damages
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