A Delaware court found itself having to hear lengthy evidence to determine the contracting parties’ intentions regarding what the court found to be an ambiguous ‘commercially reasonable efforts’ clause in an acquisition agreement. The clause was outward-facing (objective) which needed evidence of the hypothetical standards and practices of companies in the pharmaceutical industry.
One pharmaceutical
This January 2024 judgment considered the application a fraud exclusion in the UK Attorneys Professional Indemnity Insurance Policy.
The relevant exclusion headed “Fraud or Dishonesty” provided that Axis was to have no liability for:
“Any claims directly or indirectly arising out of or in any way involving dishonest or fraudulent acts, errors or omissions
This blog post was co-authored by Adrienne Hendricks, Candidate Attorney.
In a September 2024 decision of the high court, a bank brought a claim based on two certificates of balance against a surety, who had bound himself as surety for all debts owed by the debtor under an overdraft facility agreement with the bank.
The
In a September 2024 judgment concerning a business email compromise (BEC) incident affecting the sale of a motor vehicle, the claimant sought a court order to compel the motor dealer to release the vehicle they had purchased. The dispute arose after the deposit for the vehicle was paid into a fraudulent account due to a
In a previous blog, we illustrated that an applicant needs to meet all the legal requirements for urgent interim relief before a court will grant such relief. On 17 September 2024, the Supreme Court of Appeal (SCA) handed down a judgment which reaffirmed this point.
The matter arose from a dispute between the
On 10 September 2024, the High Court dismissed an application for urgent interim relief brought against the City of Cape Town by an incumbent waste management services provider to prevent the award of a new contract to another services provider.
The matter arose from the cancellation by the City of a contract it had
An insurer assessing a life insurance claim may have valid reasons to defer its decision regarding payment to the beneficiaries until it obtains necessary information from third-party investigations, such as police officials. There is a rise in publicised cases of murder for insurance, and life insurers are right to defer payment in appropriate circumstances. However
This Delaware District Court judgment considered the insured’s claim under the insurer’s Not-For-Profit Entity and Directors, Officers Liability Insurance Policy (“the Policy”).
The Policy the parties explicitly excluded any claim “alleging, arising out of, based upon or attributable to any actual or alleged contractual liability of [SAEDF] under any express contract or agreement.”
The
In September 2024 the High Court dismissed a claimant’s delictual claim for damages arising from an incident in which the claimant allegedly tripped and fell over a metal skirting at the premises managed by the property owner. The claimant alleged that she tripped over metal skirting that was hanging loose. The court found that the
A September 2024 judgment of the Free State Division will be of interest to insurers who provide liability cover to municipalities, as the claimant succeeded in its cause of action against the municipality based on a water interruption which was entirely unexplained.
When a fire broke out at a scrapyard in Bloemfontein, the owner sued