Hartog v Daly and Others (A5012/2022)
Hartog v Daly and Others (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023)
The Full Court found that the appellant breached the mandate by paying the sale proceeds into an account not nominated by the respondents, resulting in loss due to fraud. The alleged tacit term requiring respondents to ensure data/email security was not established on the facts or by inference; the probabilities did not support its existence. All relevant facts were common cause, and no genuine factual dispute existed requiring referral to trial. The appellant's claims against Standard Bank for delictual liability failed due to lack of evidence of wrongfulness or negligence, as Standard Bank…
Source excerpt
- Mandate Liability
- Business Email Compromise
- Payment Instructions
- Delictual Liability
- Contractual Terms
- Electronic Fund Transfer