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South Africa decisions
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Murray t/a G-Tech v Mpumalanga Economic Growth Agency (16360/09) [2014] ZAGPPHC 352 (13 June 2014)
The High Court postponed an exception challenging an alternative unjust-enrichment claim, deciding it should be argued with the merits at trial.
Schoeman v Constantia Insurance Co Ltd (1) (001/2002) [2003] ZASCA 48; [2003] 2 All SA 642 (SCA); 2003 (6) SA 313 (SCA) (21 May 2003)
The Supreme Court of Appeal held that South African law does not imply a forfeiture term in insurance contracts where a claim is partly fraudulent, absent an express clause. The common law is fundamentally anti-penal, and there is no compelling social need or clear authority for such a doctrine. The insurer bears the burden of proving fraud, which must be established on a balance of probabilities. In this case, the evidence showed that the plaintiff's claim was a provisional estimate made under difficult circumstances, with no intent to defraud. The rounding up of figures was to account for u…
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Anderson Shipping (Pty) Ltd v Polysius (Pty) Ltd (285/93) [1995] ZASCA 38; 1995 (3) SA 42 (AD); [1995] 2 All SA 463 (A) (30 March 1995)
The Supreme Court of Appeal held that the Praetor's Edict, which imposes absolute liability on certain custodians, was never extended to public carriers by land under Roman or Roman-Dutch law. South African law, following Roman-Dutch principles, does not apply the Edict to land carriers. Liability for public carriers by land is based on dolus and culpa levis, not on the strict liability of the Edict. Previous South African decisions that assumed the Edict's extension to land carriers were either obiter or not based on thorough investigation of Roman-Dutch law. The exception to Anderson's spec…
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Mutual and Federal Insurance Company Ltd v Municipality of Oudtshoorn (240/82) [1984] ZASCA 129; [1985] 1 All SA 324 (A) (16 November 1984)
The court held that the municipality failed to disclose material facts about a hazardous aerodrome condition, allowing the insurer to avoid the policy.
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