Policies like any contract are not rendered uncertain because the parties disagree on their meaning.
The court in Expectio Properties (Pty) Ltd v Mutual & Federal Insurance Company Limited was called upon to decide whether a dispute relating to the interpretation of an insurance contract between Mutual & Federal and the liquidators of Expectio Properties
In considering the scope of legal professional privilege, the following principles should be borne in mind:
Creditors of a company have a substantial interest in an application to set aside business rescue proceedings or the adoption of a business rescue plan. A court will dismiss such an application if the creditors are not joined as parties to the application.
Giving notice of the application to the creditors does not cure the
The vote by the National Assembly on whether to adopt the justice committee’s recommendations on the appointment of the Information Regulator under the Protection of Personal Information Act 2013 (POPI) was postponed on 26 May 2016, due to the lack of present members of parliament to secure a majority vote. 201 votes are required to
An insurer’s obligation to indemnify the insured does not arise until the insurer has elected whether to indemnify in money or by reinstatement. The election must be made within a reasonable time.
Mutual & Federal concluded an insurance contract with the liquidators of Expectio Properties and agreed to indemnify the insured for damage to the
A settlement agreement concluded outside South Africa between a foreign company and a person resident in the United Kingdom that was concluded completely outside the South African credit market and has no bearing on accessibility to credit by South Africans or the nature of credit products available within South Africa does not “have an effect
A bank needs to ensure that a company has authorised its director to allow the company’s bank account to be debited each month, if the payments settle the director’s personal obligations. This much is clear from the recent SCA judgment in First National Bank and Another v Scenematic One (Pty) Ltd.
Mr Naude, a
A higher degree of care is required when dealing with children. Teachers owe young children in their care a legal duty to act positively to prevent physical harm being sustained by them through misadventure.
The appellant Pro Tempo Akademie CC, conducts a school which caters for learners who struggle with learning disabilities and which Jaco,
A USA court upheld a suicide exclusion in a policy and rejected arguments that it should not apply because the insured had mental health issues and showed post-mortem degenerative brain disease. The evidence revealed that he had planned his suicide and it was therefore a decision and not an insane impulse. The court said a
The fastest trial dockets in the US are in Virginia where it takes a median time of only 15.1 months from summons to trial (including, remarkably, class actions and patent cases). The slowest is in New York where the median period is 39.6 months. The fast jurisdictions call their trial dockets “Rocket Dockets”.
The Virginia