It is common practice between retailers and wholesalers of petroleum products to continue their lease agreements on a month-to-month basis when the original agreement terminates through the lapse of the contract period. Monthly leases can be terminated on the agreed or implied notice period. However, the correct calculation of the notice period is essential to
On 18 March 2024 the California appellate court dismissed an appeal by Frantic Inc, professionally known as heavy metal band Metallica, claiming losses under a Cancellation, Abandonment and Non-Appearance Insurance policy because it was subject to a Communicable Disease exclusion excluding “any loss directly or indirectly arising out of, contributed by, or resulting from any communicable
In mid-March 2024 a Kentucky state jury found liability of $164 million against an insurance company which had sent out a tow truck on a roadside assistance job which rear-ended a motorist leaving her quadriplegic. In the end of the jury awarded the maximum amount she claimed, namely $111 million. The jury found that the insurance company
This Gauteng judgment Trident South Africa (Pty) Ltd / Bateman Trident (Pty) Ltd v Shainne John Taylore & 2 Others has reaffirmed that economic pressure does not in itself create a basis to escape a settlement agreement on the grounds of duress.
In this case it was argued that a settlement agreement was signed under
An Anton Piller order allows a prospective litigant to instruct the sheriff of the court to search a property and seize specific documentary evidence when a “real and well-founded apprehension” exists that such evidence will be hidden or destroyed before litigation begins.
In arecent judgment (1760.pdf (saflii.org)), the High Court emphasized that, for
In this February 2024 judgment, the Pretoria High Court rejected the Road Accident Fund’s argument that it is not liable for medical scheme members’ past medical expenses paid by the injured person’s medical scheme following a motor vehicle accident.
Section 19 of the Road Accident Fund Act, 1996 excludes the RAF’s liability in
The judgment on 28 February 2024 in Gortzen and Another v Moolman upheld a claim for damages for undisclosed defects brought by the buyer of a property against the sellers. The undisclosed defects related to damp in the internal and external walls of the property and a crack in the swimming pool. The court found
There are different legal requirements for amending terms of employment and employment policies. An employee`s consent is required in order for an employer to amend a term of employment, whilst an employer is only required to consult an employee prior to amending a code or policy if that the amendment is made in good faith.
In March 2024, the Supreme Court of Appeal held that SARS lawfully seized a director’s property during a search and seizure operation conducted at the premises of the company.
SARS had obtained a warrant from the high court in terms of the Tax Administration Act authorising it to enter and search the company’s premises and
This US judgment’s summary of Michigan insurance law will be largely familiar to South African readers:
“An insurance policy is much the same as any other contract. It is an agreement between the parties in which a court will determine what the agreement was and effectuate the intent of the parties. Accordingly, the court must