Anika de Kock

Voetstoots clause does not cover fraudulent misrepresentation

By Anika de Kock and Stacy Smit on June 26, 2023 Posted in Insurance

The Supreme Court of Appeal awarded damages to the purchasers of a guesthouse which had a serious leaking roof because the seller failed to disclose the defects he was aware of. The voetstoots clause in the deed of sale was inapplicable because the claim was founded on delictual liability for fraudulent non-disclosure/misrepresentation and not on … Continue reading

Failure of school to provide proper first aid providers at a rugby match is negligent

By Anika de Kock on February 21, 2023 Posted in Insurance

This blog was co-authored by: Adrienne Cloete, Candidate Attorney. The hosting school hosted a rugby tournament. During a match with a visiting school the claimant (Izak), playing for the visiting school team suffered a neck injury after being tackled by a player from the opposing team. The player was carried off the field by two … Continue reading

Indemnity backing an insurance guarantee within a group of companies without section 45 compliance is void

By Anika de Kock on January 17, 2023 Posted in Insurance

This blog was co-authored by: Luke Schooling, Candidate Attorney The Supreme Court of Appeal held that an indemnity provided by one group company to support an insurance guarantee obtained by another group company was void where the requirements of section 45 of the Companies Act of 2008 (the Act) were not complied with because it … Continue reading

Medical schemes cannot refuse to pay for single available treatment of a rare condition because it is not “prevalent”

By Anika de Kock and Paulette Khumalo on September 28, 2022 Posted in Healthcare

MD and Another v Medihelp Medical Scheme and Another [2022] ZAGPPHC 640 An urgent application was brought to the High Court by the mother of a three-year-old child (“Z”) who has been diagnosed with a rare genetic condition, Hunters Syndrome MPS II (“MPS II”). Z has been a member of the respondent medical scheme from … Continue reading

Shop owners need to reasonably protect their patrons

By Rethabile Shabalala and Anika de Kock on May 25, 2022 Posted in Insurance

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 … Continue reading