South Africa Case Law

Intengo Imoto (Pty) Ltd t/a Northcliff Nissan v Zoutpansberg Motor Wholesalers CC t/a Hyundai Louis Trichardt (474/2024)

Intengo Imoto (Pty) Ltd t/a Northcliff Nissan v Zoutpansberg Motor Wholesalers CC t/a Hyundai Louis Trichardt (474/2024) [2025] ZASCA 93 (20 June 2025)

Court

Supreme Court of Appeal

Case number

474/2024

Judges

Zondi, Mothle, Weiner, Kathree-Setiloane, Coppin

The Supreme Court of Appeal held that a purchaser who paid into a fraudulent account after failing to verify bank details had not discharged its payment obligation.

• Payment Obligation
• Electronic Funds Transfer
• Business Email Compromise
• Risk Of Loss
• Contract Breach
• Electronic-funds-transfer

Mosewicka v McLellan (17439/2015)

Mosewicka v McLellan (17439/2015) [2023] ZAGPJHC 1342 (21 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17439/2015

Judge

Adams

The High Court held that the defendant must repay the sale consideration, less fire-damage repair costs and limited restitution for a depreciated yacht.

• Sale Of Land
• Suspensive Condition
• Restitutio In Integrum
• Risk Of Loss
• Contract Cancellation
• Contract-cancellation

Galactic Auto (Pty) Ltd v Venter (4052/2017)

Galactic Auto (Pty) Ltd v Venter (4052/2017) [2019] ZALMPPHC 27 (14 June 2019)

Court

Limpopo High Court, Polokwane

Case number

4052/2017

Judge

Makgoba JP

The High Court held the defendant bore the risk of payment sent to a fraudulent bank account and rejected estoppel and the counterclaim.

• Sale Of Goods
• Payment Interception
• Estoppel
• Misrepresentation
• Risk Of Loss
• Proof Of Payment

Chemalum (Pty) Limited v Servest (Pty) Limited t/a Gremick Security (14348/2009)

Chemalum (Pty) Limited v Servest (Pty) Limited t/a Gremick Security (14348/2009) [2016] ZAKZDHC 50 (9 November 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

14348/2009

Judge

Olsen

High Court breach-of-contract claim over security services and theft from a storeroom, with liability found against the defendant but quantum reserved.

• Breach Of Contract
• Security Services Liability
• Negligence
• Risk Of Loss
• Contractual Indemnity
• Breach-of-contract

Vaz Saraiva Faceira v Kempster Sedgwick (Pty) Limited (38684/2009)

Vaz Saraiva Faceira v Kempster Sedgwick (Pty) Limited (38684/2009) [2011] ZAGPPHC 4 (12 January 2011)

Court

North Gauteng High Court, Pretoria

Case number

38684/2009

Judge

Tuchten

The court found that the defendant did not act negligently in relation to the hijacking and loss of the vehicle. The driver, Tjalie, acted as a reasonable person would under the circumstances, prioritizing his safety over the vehicle when confronted by armed hijackers. The defendant was not required to provide additional backup or specific hijack training, as the risk of hijacking, while present, did not necessitate such measures in the context of the dealership's experience. Furthermore, the disclaimer clauses relied upon by the defendant were not contractually binding on the plaintiff, as t…

Source excerpt

• Negligence
• Risk Of Loss
• Exemption Clauses
• Contractual Liability

Bob's Shoe Centre v Heneways Freight Services Proprietary Ltd. (752/92)

Bob's Shoe Centre v Heneways Freight Services Proprietary Ltd. (752/92) [1994] ZASCA 158; 1995 (2) SA 421 (AD); [1995] 1 All SA 693 (A) (18 November 1994)

Court

Supreme Court of Appeal

Case number

752/92

Judges

Botha, Hefer, F H Grosskopf, Van den Heever, Harms

The court held that a freight contract was divisible, allowing payment for services completed before theft made final delivery impossible. The appeal was dismissed.

• Contract Divisibility
• Supervening Impossibility
• Exceptio Non Adimpleti Contractus
• Risk Of Loss
• Mandatum And Bailment
• Contract-divisibility