This blog was co-authored by Brigitte Geyer, candidate attorney at Norton Rose Fulbright South Africa.
Absolution of the instance may be granted at the conclusion of a plaintiff’s case in instances where the plaintiff failed to establish a prima facie case.
In a recent unreported judgment, the Eastern Cape high court granted absolution of the
Co-authored by Ngarothe Netshipale
The Supreme Court of Appeal upheld an eviction order against a lessee who argued that the lessor had repudiated the lease agreement and had no right to unilaterally cancel it. The court found no repudiation and confirmed that the lessor could rely on a termination clause within the agreement. The court
Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights
Co-authored by Jos Fogle – Candidate Attorney
On 4 June 2024, the Supreme Court of Appeal held that a settlement agreement between a beneficiary and a guarantor does not give the principal debtor the right to challenge the guarantor’s payment to the beneficiary.
Construction work was subcontracted to a contractor by the beneficiary. The contractor
In this Covid-19 business interruption judgment [SCA judgment in AIG v 43 Air School and others], the Supreme Court of Appeal maintained its broad interpretation of the insured peril of an infectious disease extension, despite the contrary interpretation adopted by the UK Supreme Court.
The court ruled that the policy provided cover
In this Covid-19 business interruption judgment [SCA judgment in AIG v 43 Air School and others], the Supreme Court of Appeal clarified the distinction between joint and composite policies of insurance in relation to the multiple insureds of one insurer under one policy.
The policy included an extension which provided cover for interruption to
In May 2024 a Minnesota US appeal court held that a manufacturer’s warranty for a tractor to “repair or replace any part which is found to be defective in workmanship and material” unambiguously did not include design defects. The warranty excluded liability for any other warranty “express or implied as to quality, performance or freedom
Two directors of a joint venture company challenged a decision by one of the joint venture corporate partners to replace them as directors of the joint venture company. They had been removed as directors in terms of a resolution of the joint venture partner (a Communal Property Association). The shareholders agreement provided for replacement of
The High Court has confirmed that a towing company’s lien can be substituted by adequate security provided by an insurer.
The dispute between the parties related to the release of a motor vehicle which was insured by the applicant insurer, the applicant. The motor vehicle was involved in an accident and subsequently towed by the
In a highly anticipated judgment [90.pdf (saflii.org)], the Supreme Court of Appeal found that a firm of attorneys was not liable for failing to warn a purchaser of the property of the risk of cyber fraud.
The dispute arose out of a conveyancing transaction in which the purchaser’s email account had been hacked