Where is the line between the notification to an insurer of circumstances likely to give rise to a claim and a notification just in case a claim arises? The notification obligation has to be applied objectively but taking into account the insured’s knowledge. An insured need not infer the likelihood of a claim from the
Social media is not immune to defamation laws. More and more, courts locally and around the world have come to the aid of those who are the subject of defamatory statements made on Twitter and Facebook. The danger of social media is that it’s so easy to tweet before you think.
To avoid getting caught
When ascertaining the meaning of a contract, a court will first have regard to its wording. The wording must be considered in the context or factual matrix in which the contract was concluded. That is so even if, on the face of it, the words are clear. Where the words are ambiguous or lack clarity,
A US court held Liberty Mutual Fire Insurance Co liable for nominal and punitive damages for settling claims close to the deductible limit in their own interests rather than the interests of the insured.
A window and door manufacturer was sued by a number of homeowners associations complaining of water damage from windows and doors
A credit provider is entitled to enforce a loan that is subject to a debt-restructuring order without notice to the debtor once that order has been breached.
This was confirmed by the Constitutional Court in Ferris v FirstRand Bank Limited. Mr and Mrs Ferris were unable to repay their home loan to FirstRand Bank
We’ve broken it down for you.
How many of us actually read social media terms of use? Be wary: you allow public information to be accessible over public search engines.
When you tweet you:
Where a decision must be taken “after consultation with” someone else, prior consultation is necessary but it remains the consulting party’s decision.
Only consultation is required. Consensus or agreement is not required.
You have to consult in good faith before taking the decision.
The latest litigation explosion in the United States is a flood of claims for sport concussion injuries. It is unlikely there will be a similar wave of litigation in South Africa. There is no noticeable increase in concussion injuries or public awareness of potential claims in South Africa. Nonetheless, insurers should look at their policy
If you are acting on a power of attorney given to you by someone who subsequently becomes mentally incapable of handling their own affairs, the power of attorney becomes invalid when the person becomes incapacitated.
A power of attorney becomes invalid when the person giving the power of attorney becomes mentally incapacitated.
This rule applies
The effect of the recent regulations that require the removal of adverse consumer credit information should not be overblown. The information to be removed (besides information relating to paid up judgments) is limited to adverse classifications and does not require the removal of statements of fact.
The adverse classification of consumer behaviour refers to subjective