A professional indemnity policy required the insured to give notice to the insurer of any ‘written demand for monetary damages or non-pecuniary relief’. A letter from solicitors reserving rights to pursue a claim and expressing the view that there was a strong claim against the insured was held not to be a written demand and
Where an insurer’s policy covered computer fraud, a Georgia US judge refused to grant the insured an indemnity when the fraud had been committed over the phone.
The insured provides a service that allows customers to load funds onto debit cards issued by third party banks and sold by retailers. The amount on the card
A corporation which is deregistered under the Companies Act 2008 is automatically and retrospectively re-vested with its rights when it is reinstated (under section 82(4)).
In ZNK Investments CC v Luckytso Transport and Construction CC, a sale in execution of a deregistered close corporation had taken place whilst it was deregistered. It was held
The role of a board of trustees is inextricably linked to the exercise of discretion.
The ability to review a decision is rarely considered by a board until a situation arises where a decision they have passed is challenged.
The objects and duties of a trustee of a pension fund are contained in sections 7C
In Maine, USA, the interpretation of a state law involving overtime pay revolved around the use of the Oxford comma.
What is the Oxford comma?
The Oxford comma comes before the last item in a list of 3 or more things, usually to resolve ambiguity. This example illustrates its use:
Arbitration clauses must be construed liberally to give effect to their essential purpose which is to resolve legal disputes arising from commercial relationships before privately agreed tribunals, instead of through the courts.
When business people choose to arbitrate their disputes they generally intend that all their disputes will be determined by the same tribunal unless
The question debated in a claim under a lawyers’ professional indemnity policy was whether the attorneys could have reasonably expected the underlying malpractice action and should have reported it to their insurers.
The insurers argued that a claim should have been expected from an expressly unhappy client. The attorneys said the suit was not reasonably
Our law does not recognise a claim for constitutional damages for loss of a parent’s right to rear a child who was stillborn as a result of medical negligence.
In Mbhele v MEC Health for the Gauteng Province, an expectant mother was admitted to Chris Hani Baragwanath Hospital with signs of foetal distress –
If an interdict is sought preventing the future publication of alleged defamatory matter, the facts upon which the allegation is based must be clear and it must be clear that the defendant has no defence.
If the defendant sets up evidence of a defence such as truth and public interest or fair comment, the interdict
If a right is vested in a child before 1 July 2007, the age of majority of the child is 21 years (not 18 years), including for prescription purposes.
On 22 February 2017 the Pension Funds Adjudicator (PFA) made a determination in the matter of Maphoyisa v Municipal Gratuity Fund and Sanlam Life Insurance Limited