This blog was co-authored by: Tristan Marot, associate designate
In the high court judgment Legal Expenses Insurance Southern Africa Limited t/a Legalwise v Melamu, the high court confirmed that as a “general rule an employer is not liable for the wrongdoing of an independent contractor unless the employer was personally at fault.”
The plaintiff
Superimposed over ordinary voluntary mediation, where a party can withdraw at any stage without potentially attracting any adverse consequences, is the judicially sanctioned High Court Rule 41A procedure obliging the parties to consider a non-adversarial resolution to a dispute which is already before the courts.
The provisions of rule 41A are consistent with the understood
In this Gauteng High Court judgement, the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation. This is helpful, considering the embryotic stage of the rule and the paucity of case law or literature on
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this judgement in the Supreme Court of Appeal the claimant submitted that the hospital breached its statutory duty in that it failed to ensure the proper safe-keeping of the hospital records of the claimant and her cerebral palsied child. The court considered the application of
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this claim, alleging that the hospital staff’s negligence during the claimant’s labour resulted in her child’s cerebral palsy, the Supreme Court of Appeal addressed the issue of how to assess expert evidence in a field where medical certainty is virtually impossible. In such circumstances
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this case, the Claimant sued for damages, alleging that the hospital staff’s negligence during her labour resulted in her child’s cerebral palsy. The Supreme Court of Appeal found that no adverse inference should be drawn because the hospital records are missing. Nor could any
While this Ohio Appellate Court judgment found that the insured did not suffer direct physical loss or damage so as to warrant coverage, it also considered the application of the virus exclusion in the policy
The exclusion reads:
“We will not pay for loss or damage caused directly or indirectly by any of the following.
Bad grammar does not necessarily render a contract ambiguous.
That was the sensible conclusion of this United States judgment.
Hall sued her former employer, Rag-O-Rama when it fired her less than a year after promoting her to an area-manager position. A poorly drafted sentence in the employment contract recorded:
“Hall is reminded of the