South Africa Case Law

Walker v Redhouse (393/05)

Walker v Redhouse (393/05) [2006] ZASCA 96; [2007] 4 All SA 1217 (SCA); 2007 (3) SA 514 (SCA) (31 August 2006)

Court

Supreme Court of Appeal

Case number

393/05

Judges

Mthiyane, Lewis, Malan

The Supreme Court of Appeal held that the indemnity signed by Redhouse was clear and unambiguous in excluding liability for any injury sustained in the course of horse riding, regardless of the cause. The court found that the language of the indemnity covered all risks associated with horse riding, including those arising from the horse acting out of character. The court distinguished Lawrence v Kondotel Inns (Pty) Ltd on the basis of different wording and circumstances. Even if the horse had acted contra naturam sui generis, the indemnity constituted a complete defence to the claim. Accordin…

Source excerpt

• Pauperian Liability
• Indemnity Clause
• Strict Liability
• Contra Naturam Sui Generis

Prinsloo NO v Schoeman (672/94)

Prinsloo NO v Schoeman (672/94) [1996] ZASCA 83 (29 August 1996)

Court

Supreme Court of Appeal

Case number

672/94

Judges

Van Heerden, Eksteen, Olivier, Schutz, Scott

The Supreme Court of Appeal held that the appellant failed to prove pauperian liability where cattle escaped through fencing and caused a fatal road collision.

• Pauperian Liability
• Negligence
• Burden Of Proof
• Delict
• Pauperian-liability
• Burden-of-proof