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South Africa decisions
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Pioneer Foods (Pty) Ltd v Bekker (322/16) [2016] ZAECGHC 103 (20 September 2016)
Appeal dismissed after the court upheld findings that livestock deaths were caused by phosphine-contaminated feed supplied by the appellant.
Sentrachem Ltd. v Prinsloo (105/95) [1996] ZASCA 133; 1997 (2) SA 1 (SCA); (22 November 1996)
The court held that Sentrachem Limited, as a merchant seller professing expertise in agricultural chemicals, was strictly liable for the latent defect in AC 92-100, which destroyed the respondent's biological pest control system. The appellant's representatives were aware of the respondent's integrated pest management and failed to warn him of the risk to Aphytis predators. The label instructions and standard terms printed on invoices were not binding, as they were not brought to the respondent's attention prior to purchase and were in fine print, unreadable to both the respondent and the pre…
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Langeberg Voedsel Bpk. v Sarculum Boerdery Bpk. (64/94) [1995] ZASCA 148; 1996 (2) SA 565 (SCA); (28 November 1995)
The Supreme Court of Appeal held that the appellant, by prescribing the cultivar and supplying the seed to selected growers, and through its field agents' ongoing technical advice, publicly professed attributes of skill and expert knowledge in relation to the seeds. This conduct placed the appellant within the category of merchant sellers who attract strict liability for consequential damages caused by latent defects, as established in the Kroonstad case. The Court found that the respondent's perception of the appellant's expertise was reasonable given the longstanding relationship and the ap…
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Sentrachem Bpk. v Wenhold (352/93) [1995] ZASCA 50; [1995] 2 All SA 524 (A) (16 May 1995)
The Supreme Court of Appeal found that the respondent had proven his case as pleaded, both on the basis of contractual warranty and implied liability for latent defects. The evidence showed that the herbicide Classic, when applied according to instructions, caused a significant reduction in soybean yield on the affected lands, which could not be explained by soil conditions or other external factors. The respondent's calculation of damages was supported by expert testimony and his own experience as a farmer, and the appellant's objections regarding transport cost savings were speculative and…
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