The Department of Health in South Africa has recognised that one of the reasons for the failure to achieve ‘Health for All’ as envisioned by the Alma Ata Declaration is the failure to address health systems effectively. In line with their intention to prioritise access to medicines and vaccines the department launched self-service medicine-dispensing machines
July 2016
Is Bitcoin legal?
Because of the anonymity associated with Bitcoin and many other cryptocurrencies and their role in illicit transactions on the Dark Net (a hidden part of the internet that is not accessible through normal browsers and search engines), public perception is often suspicious or at least cautious. However, the use of Bitcoin and other cryptocurrencies is…
Arbitration decision nearly 70 years later
In an important case both historically and legally, Pakistan sued India for losses resulting from the invasion and annexation of Hyderabad in September 1948.
After the invasion the Pakistani finance minister and other officials arranged for the transfer of approximately GBP1 million (at today’s value about GBP35 million) in the name of the High Commissioner…
Poor air quality as physical damage
In Oregon a Shakespeare festival was forced to cancel shows because wildfire smoke filled the outdoor theatre. They sought to recover under their policy for loss of profits.
The policy covered ‘direct physical loss of or damage to covered property’. There was no dispute that it was ‘covered property’ but the insurers contended that the…
No coverage for landfill clean-up – not sudden and accidental
A US Supreme Court reversed a lower court’s decision awarding $9.1 million to an insured company for the company’s defence costs of litigation over a clean-up of a landfill in Massachusetts.
The clean-up was done under the Comprehensive Environmental Response, Compensation and Liability Act when an action was brought by the authorities forcing the company…
Skydiving accident excluded
A US federal judge has held that the insurer of a New Jersey airport owed no coverage in an underlying lawsuit stemming from injuries suffered during a skydiving accident because of the policy exclusion for injuries arising out of any parachuting activities. The parachute jumping exclusions stipulated that coverage did not include bodily injury or…
No coverage for false vehicle repair history
A US Supreme Court found that the insurer did not have to defend a motor dealership from a suit brought by an individual who alleged that the dealership had misrepresented that the car he bought had not previously been damaged.
The policy required the insurer to defend suits alleging tangible harm resulting from an accident.…
Legislation cannot always be incorporated into an agreement
You can incorporate legislation into a contract but you cannot attempt to bind non-consenting third parties, like the state or its regulators, by incorporating legislation. Obligations cannot be imposed on private third parties without their consent.
For example, the parties in Firstrand Bank v Clear Creek Trading concluded a contract to which the National Credit…