In January 2024 the High Court held that an insurer’s guarantee that ambiguously contained two incompatible expiry dates, namely the date of issue of the final completion certificate under the construction contract and the date on which the contractor had to pay under the consequent final payment certificate, should be interpreted in a businesslike fashion
Anika de Kock
Does the “once and for all” rule apply to more than one cause of action?
By Carol Holness (ZA) & Anika de Kock on
In November 2023 the Constitutional Court refused to apply the common law “once and for all” rule to matters in which there are two or more causes of action arising out of the same facts. The “once and for all” rule provides that where a party claims for damages arising from a single cause of…