Devland Cash and Carry (Pty) Ltd v G4S Cash Solutions SA (Pty) Ltd (2020/16910)
Devland Cash and Carry (Pty) Ltd v G4S Cash Solutions SA (Pty) Ltd (2020/16910) [2023] ZAGPJHC 754 (3 July 2023)
The court found that the plaintiff's loss occurred during the performance of the contract for cash management and security services. G4S's actions, including the timing and manner of cash collections, were in fulfilment of its contractual obligations. The existence of the contract regulated the parties' rights and obligations, and the law does not impose a delictual remedy where the loss arises directly from contractual performance. The court distinguished this case from others where delictual liability was found due to breaches of duties independent of the contract. As the pleaded facts did…
Source excerpt
- Concurrent Liability
- Contractual Damages
- Aquilian Action
- Duty Of Care
- Limitation Of Liability Clause