The driver of a security vehicle was awarded damages against his employer for injuries he sustained in a hijacking because he did not have the promised bullet proof glass windscreen.
When being interviewed for the job, the plaintiff had been informed that he would be driving a fully armoured vehicle and the front section of
We make no apologies for repeating what we have said in previous blog posts about how contracts are interpreted. Old habits with emphasis on the words used are difficult to break.
In the latest case (Cloete Murray v FirstRand Bank Limited) the court said: “The inevitable point of departure in interpreting a statute
A Louisiana court excused Lloyd’s of London and other insurers from a $7 million claim for the second of two storms, finding that the deductible of $10 million per occurrence applied.
The insured sought to argue that the damage to their oil rigs suffered from a storm in February 2010 that cost $17 million to
The Constitutional Court has restored the law on the running of interest on outstanding debts – reversing the SCA’s 1997 decision that the institution of legal proceedings suspends the operation of the in duplum rule. The revised legal position applies to all debtors, except those whose court cases have been finalised with no possibility of
Norton Rose Fulbright’s Dar-es-Salaam office this month assisted the International Swaps and Derivatives Association Inc. (ISDA) with a country update on the laws which relate to the trading of over-the-counter derivatives in Tanzania. A full copy of the Tanzania update prepared by Norton Rose Fulbright can be found via the ISDA website (click here).
Social media users may be responsible for comments made by others and published on their pages which amount to hate speech or harassment. South African courts have already addressed the issue of responsibility for third parties’ comments in Isparta v Richter, where the court found that a Facebook user was liable for defamation based
So as not to discourage the public from challenging unconstitutional acts of government, even an unsuccessful litigant may not have to pay the government’s costs.
The general rule in constitutional litigation between a private party and the state is that if the private party is successful, its costs should be paid by the state, but
The moratorium on legal proceedings against a company in business rescue offers critical breathing space to the company from its creditors, allowing the business rescue practitioner the opportunity to investigate affairs of the company and develop the business rescue plan for its restructure.
A recent case offers a useful interpretation of the extent and implications
A New York federal judge unleashed a tirade against three law firms, threatening sanctions, because of oversized filings at court “brimming with irrelevant and redundant allegations” in a trademark suit. He ordered them to trim down their pleadings to be short and plain.
The court said the voluminous pleading is self-defeating because it chokes the
An attorney in Illinois USA, faced with two professional negligence suits filed after his policy expired, relied on a letter sent the day before the policy expired alerting the company to three potential claims with “details to follow”.
The court held that general notice to the insurer does not satisfy a condition of the