South Africa Case Law

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22)

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22) [2023] ZACC 20; 2023 (9) BCLR 1054 (CC); (2023) 44 ILJ 2391 (CC); 2023 (6) SA 327 (CC) (28 June 2023)

Court

Constitutional Court

Case number

CCT 32/22

Judges

Zondo CJ, Maya DCJ, Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The majority of the Constitutional Court held that clause 17 of the SAAFF standard terms and conditions is clear and unambiguous in excluding liability for loss of valuable goods, including theft by an employee, unless special arrangements are made in writing. The Court found that Fujitsu did not make such arrangements and therefore Schenker is not liable. The Court reasoned that the parties voluntarily agreed to the terms, and there is no evidence of unequal bargaining power or unfairness. The clause does not offend public policy, as it does not benefit the employer from the theft, and the r…

Source excerpt

• Contractual Exemption Clauses
• Public Policy
• Vicarious Liability
• Interpretation Of Contracts
• Deliberate Wrongdoing
• Standard Form Contracts

Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13)

Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13) [2017] ZAKZDHC 26; 2018 (3) SA 204 (KZD) (4 July 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

6916/13

Judge

D Pillay

High Court dismissed a car hire company’s claim for repair costs, finding it lacked locus standi and that the unreadable agreement was unenforceable.

• Consumer Protection Act
• Locus Standi
• Standard Form Contracts
• Plain Language Requirement
• Public Policy In Contracts
• Unconscionable Conduct

Maykent (Pty) Ltd v Trackstar Trading 20 (Pty) Ltd (1036/2013)

Maykent (Pty) Ltd v Trackstar Trading 20 (Pty) Ltd (1036/2013) [2015] ZASCA 14 (17 March 2015)

Court

Supreme Court of Appeal

Case number

1036/2013

Judges

Lewis, Maya, Bosielo, Majiedt, Pillay

The Supreme Court of Appeal held that Trackstar was entitled to payment on its final account, dismissed the appeal, and upheld interest from summons.

• Construction Contracts
• Standard Form Contracts
• Final Payment Certificate
• Interest On Debt
• Construction-contracts
• Final-payment-certificate

Breedenkamp and Others v Standard Bank of South Africa Ltd and Another (2009/7907)

Breedenkamp and Others v Standard Bank of South Africa Ltd and Another (2009/7907) [2009] ZAGPJHC 4; 2009 (5) SA 304 (GSJ) ; [2009] 3 All SA 339 (GSJ) (30 March 2009)

Court

South Gauteng High Court, Johannesburg

Case number

2009/7907

Judge

Jajbhay

The High Court granted an interim interdict stopping Standard Bank from closing the applicants’ accounts pending final determination of their rights.

• Bank Account Termination
• Interim Interdict
• Constitutional Fairness In Contract
• Standard Form Contracts
• Public Policy In Contract
• Balance Of Convenience