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South Africa Case Law

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Commercial And Corporate [2010] ZAWCHC 210

Coughlan obo Witbooi v Leandra Transport CC (4280/2007)

Coughlan obo Witbooi v Leandra Transport CC (4280/2007) [2010] ZAWCHC 210 (25 October 2010)

The High Court held that an insurer could rely on a roadworthiness exclusion because the bus was not roadworthy under statutory requirements at the time of the crash.

  • Insurance Contract Interpretation
  • Policy Exclusion
  • Roadworthiness
  • Burden Of Proof
  • Insurance-contract-interpretation
  • Policy-exclusion
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Delict [2009] ZAWCHC 60

Neethling and Another v Oosthuizen (7060/2008)

Neethling and Another v Oosthuizen (7060/2008) [2009] ZAWCHC 60; 2009 (5) SA 376 (WCC) (21 April 2009)

The High Court found the defendant liable after a road accident caused by a tyre burst, holding that failure to repair disabled power steering was negligent and causative.

  • Negligence
  • Roadworthiness
  • Causation
  • Personal Injury
  • Contributory Negligence
  • Delict
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Commercial And Corporate [2008] ZAGPHC 78

Wilson v Mathews (35635/2002)

Wilson v Mathews (35635/2002) [2008] ZAGPHC 78 (18 February 2008)

The High Court held that the seller materially breached two vehicle-sale agreements by failing to deliver the second vehicle and supplying the first unreliably roadworthy vehicle.

  • Breach Of Contract
  • Sale Of Goods
  • Roadworthiness
  • Damages
  • Repudiation
  • Eviction Guarantee
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Commercial And Corporate [2006] ZAWCHC 31

Regent Insurance Company t/a Imperial Commercial Insurance v DMJ Transport CC (A57/06)

Regent Insurance Company t/a Imperial Commercial Insurance v DMJ Transport CC (A57/06) [2006] ZAWCHC 31 (28 July 2006)

Appeal dismissed in an insurance dispute over passenger overload and alleged unroadworthiness after a fatal bus crash.

  • Insurance Contracts
  • Exclusionary Clauses
  • Burden Of Proof
  • Interpretation Of Contracts
  • Roadworthiness
  • Circumstantial Evidence
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Delict [2005] ZAGPHC 340

Swart v Road Accident Fund (16014/2004)

Swart v Road Accident Fund (16014/2004) [2005] ZAGPHC 340 (17 November 2005)

High Court delict claim from a motorcycle and car collision, where liability was apportioned 80% against the insured driver and 20% against the plaintiff.

  • Motor Vehicle Collision
  • Contributory Negligence
  • Apportionment Of Liability
  • Proper Lookout
  • Roadworthiness
  • Damages Liability
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Civil Procedure [2005] ZAFSHC 159

Cilliers N.O and Another v Truck & General Versekerings- Maatskappy Beperk

Cilliers N.O and Another v Truck & General Versekerings- Maatskappy Beperk [2005] ZAFSHC 159; [2005] ZAFSHC 89 (4 August 2005)

The High Court dismissed an exception to a plea in an insurance dispute, holding the plea was at most vague or confusing, not legally invalid.

  • Exception To Pleadings
  • Insurance Contracts
  • Roadworthiness Requirements
  • Statutory Repeal
  • Costs Order
  • Exception-to-pleadings
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Delict [1996] ZASCA 25

N E G Versekerings-Maatskappy Bpk. v Van Wyk (A46/94)

N E G Versekerings-Maatskappy Bpk. v Van Wyk (A46/94) [1996] ZASCA 25 (27 March 1996)

The Supreme Court of Appeal held that a tyre burst caused by a latent defect did not prove negligence. The appeal succeeded and the claim was dismissed.

  • Negligence
  • Causation
  • Motor Vehicle Accident
  • Burden Of Proof
  • Motor-vehicle-accident
  • Roadworthiness
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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.