In this case, the claimant fell at the entrance of the defendant’s restaurant premises.
The claimant sued alleging negligence on the part of the defendant.
One of the issues for determination was whether the defendant was absolved of any liability by virtue of the disclaimer notice.
The disclaimer notice read (in capital letters):
“
In Viceroy Research Partnership LLC and others against the Financial Sector Conduct Authority, the Financial Services Tribunal was faced with the question whether the FSCA had the authority to impose administrative penalties jointly and severally on three partners in a foreign partnership who were not South African citizens nor residents, and the acts allegedly committed
Several dog owners sued the City of Council Bluffs, Iowa, challenging the constitutionality of an ordinance prohibiting pit bull dogs, and lost.
The City enacted an ordinance in 2005 which prohibited “any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the City of Council Bluffs, Iowa any pit bull.
In this judgment the insured sought an indemnity for its third-party liability arising from the motor vehicle collision in which the insured was involved.
The policy required the insured to “use all reasonable care and take all reasonable steps, with the same degree of care from us which can be expected from the reasonable man
A party may claim legal advice privilege or litigation privilege.
Legal advice privilege requires that the information is legal advice, given by a legal advisor in confidence to a client and in respect of which privilege is claimed.
Litigation privilege protects communication between co-litigants or their legal advisors and third parties where the communication is
This blog was co-written by Josh Da Costa, Candidate Attorney
How much is too much? How long is a piece of string? How much information can I share with my competitors, and in how much detail? What do the Competition Authorities have to say on the matter in South Africa? The 2022 Guidelines provide some
The Trust Property Control Act, 1988 (TPCA) was last amended in 1997. It is a short act that deals on a high level with trust operations and the office of the Master of the High Court as the trust regulator. The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (B18 – 2022)
In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken
In this case the insured claimed for damage to rock mass when tunnels for the Gautrain Rapid Rail Systems were constructed. One of the issues in dispute was whether the rock mass surrounding the tunnel void was part of the Property Insured.
It was common cause that the damage occurred and that damage was caused
This blog was co-authored by Bongubuhle Sibanda, Candidate Attorney
During the lifespan of a company, there are occasions when a director is unable to perform their functions as envisaged in the Companies Act, 2008. Despite such occasions, the business operations cannot be halted. It is in these instances that an alternate director may take up