An insurer was held liable under the liability section of a construction company’s insurance policy for a claim by 23 Texas government employees who required medical treatment due to exposure to toxic mould resulting from faulty construction of their new office building. It was held that the pollution and health hazard exclusion did not specifically
The Supreme Court of Appeal judgment in SABC v DA is important not only because it emphasises that the office of the Public Protector, like all state institutions set up in Chapter 9 of the Constitution to support constitutional democracy, is a respected one and that remedial action taken by the Public Protector should not
The principle is trite that an insurer who pays the insured’s loss so that the insured receives a full indemnity has the right to step into the insured’s shoes and bring an action against the person responsible for the insured’s loss.
Many policies also now provide for contractual subrogation even in circumstances where a complete
The Cybercrimes and Cybersecurity Bill expands on the original sections of the Electronic Communications and Transactions Act 2002 (ECTA). The creation of 20 new cybercrime offences illustrates the extent to which technology is being used for unlawful purposes and the need to protect yourself in your activities online.
Existing cyber crimes
There are currently only
The proliferation of data gives rise to two challenges:
Data
The role of data scientists and analytic technology
South Africa’s Protection of Personal Information Act 2013 (POPI) is largely based on the principles of the EU data protection directive. This includes the requirement that personal information must be adequately protected when transferred cross-border (assuming none of the other grounds apply).
As the US does not have privacy laws equivalent to the EU
It has been suggested by some that the judgment against Outsurance in favour of Mr Jerrier in the KZN High Court 2015 resulted from a failure of plain language. On the contrary, it is based on the plain meaning of the bargain. The court found:
When you import the provisions of one document or statute into another it is common to do so “mutatis mutandis”. The Supreme Court of Appeal in Mayo No v De Montlehu reminded us that there is an imperative nuance when you use that Latin expression. The words mean “subject to the necessary alterations”
The court in Greenhill International Pty Ltd v Commonwealth Bank of Australia confirmed that silent confirmations of letters of credit fall outside the Uniform Customs and Practice for Documentary Credits 600 (UCP 600) and are governed purely by the express and implied terms agreed to by the paying bank and the beneficiary. However, the court
Overturning a lower court judgment, the appeal court has found that arbitrations are included in the general moratorium on legal proceedings against companies under business rescue in section 133(1) of the Companies Act 2008.
In Chetty v Hart, the Supreme Court of Appeal looked at the meaning of the phrase “legal proceedings” in section