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South Africa Case Law

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Delict [2014] ZAGPPHC 1012

Strauss and Another v Van Zyl (A 920/12)

Strauss and Another v Van Zyl (A 920/12) [2014] ZAGPPHC 1012 (27 November 2014)

High Court appeal on whether trustees owed creditors a duty of care for pure economic loss caused by an unpaid tax liability.

  • Pure Economic Loss
  • Duty Of Care
  • Trustees Liability
  • Wrongfulness
  • Policy Considerations
  • Unjust Enrichment
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Civil Procedure [2014] ZAGPJHC 250

Absa Bank Limited v Cohen (32870/12)

Absa Bank Limited v Cohen (32870/12) [2014] ZAGPJHC 250 (3 June 2014)

The High Court dismissed an exception to a counterclaim over alleged shareholder duty of care issues, holding the pleading was not vague and that policy questions should go to trial.

  • Company Law Shareholder Claims
  • Duty Of Care
  • Exception Procedure
  • Multiplicity Of Actions
  • Aquilian Action Extension
  • Policy Considerations
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Delict [2010] ZASCA 85

Delphisure Group Insurance Brokers Cape (Pty) Ltd v Kotze and Others (437/2009)

Delphisure Group Insurance Brokers Cape (Pty) Ltd v Kotze and Others (437/2009) [2010] ZASCA 85; 2010 (5) SA 499 (SCA) ; [2011] 1 All SA 109 (SCA) (31 May 2010)

The SCA held that an insurance broker negligently misrepresented that a crop insurance product was underwritten, making it liable to one farmer but not another.

  • Negligent Misrepresentation
  • Pure Economic Loss
  • Insurance Broker Liability
  • Causation
  • Wrongfulness
  • Policy Considerations
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Delict [2008] ZASCA 134

Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd (653/07)

Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd (653/07) [2008] ZASCA 134; 2009 (2) SA 150 (SCA) ; [2009] 1 All SA 525 (SCA) (26 November 2008)

The court held that loss of toll revenue from a road closure was pure economic loss, but liability followed on policy grounds and the loss was not too remote.

  • Pure Economic Loss
  • Wrongfulness
  • Remoteness Of Damage
  • Policy Considerations
  • Negligence
  • Legal Causation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.