In any ‘slip and trip’ incident, a court will apply the negligence test namely that a person is liable for foreseeable harm caused to another that could have been avoided by the exercise of reasonable care. The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling
The plaintiff and her minor child resided in a sectional title complex. On 10 September 2015, while helping his mother wash her car, the plaintiff’s son was electrocuted whilst trying to open a tap outside a unit.
The occupier of that unit had requested improvements to be done to her kitchen wherein several contractors were
The High Court in Gqeberha has confirmed that the shop owner has the legal duty to take the reasonable steps to prevent harm to its patrons and to take the reasonable steps to warn customers of potential dangers.
Whilst shopping at the store of the defendant, the claimant, slipped and fell due to cake flour
Head-on collision at speed on the wrong side of the road not held a deliberate act – proof by inference (Aus)
The evidence was that a motor cyclist drove his motor cycle at a high speed of about 90 to 100kph on the wrong side of the road in an urban area straight into the
In November 2020, the FSCA released a draft declaration to include crypto assets as ‘financial products’ under the Financial Advisory and Intermediary Services Act, 2002. The effect of the draft declaration, once made final, would be that any person providing advice or intermediary services in relation to crypto assets would need to be licensed as
Baby-sitting may be a “business” under an insurance policy exclusion and a word on ambiguity (US)
In a tragic incident, a baby-sitter who received $25 per day when she provided home daycare services, was caring for a deceased infant who died while in her care from bedding asphyxia. It was held that the baby-sitter did
Insurable Interest (England)
In this High Court of Justice decision the insured claimed under a marine cargo open policy. The insured had purchased cargos of grain under various contracts and paid for those against presentation by the sellers of warehouse receipts issued by the warehouses.
The warehouses were however acting fraudulently in issuing multiple warehouse
Insurer’s refusal to pay excess body shop storage fees upheld (US)
A Massachusetts Appeals Court refused to allow a class action against an insurer accused of deducting excess body shop storage fees for vehicles deemed total losses because the policy wording permitted the deduction. Under the policy, the insurer agreed to pay for “reasonable expenses
Insurance policies, particularly commercial policies providing business interruption, may contain provisions dealing with the consequences which flow for the parties, and the question of continuing cover and any indemnity, in the event of the liquidation of an insured.
The relevant clauses are often outdated and should be reviewed having regard to the relevant provisions of
Insurers and intermediaries involved in providing warranty and indemnity insurance will be interested in this recent judgment dealing with contractual warranties and an indemnity of EBS International (Pty) Limited and another v Shaun Edward Wright and which is relevant to any subrogated recovery.
The seller had represented that its tax affairs were in order. Those