Is the duty of care doctrine foreign to the principles of Roman Dutch law? 

Neethling and Potgieter, referred to in this recent Supreme Court of Appeal judgment, say that the doctrine “is an unnecessary and round about way of establishing what may be established directly by means of the reasonable person test for negligence, i.e.

This blog was co-authored by Dashia Govinden, Candidate Attorney.

This case explores the tension between contractual non-variation clauses and public policy, and in what circumstance adherence to written agreements should yield to fairness and equity. It examined the enforceability of a non-variation clause and found that public policy did not justify deviating from the clearly

This blog was co-authored by Boitumelo Phillips, Candidate Attorney.

In March 2025, the High Court found that an acknowledgment of debt signed by a financial adviser agreeing to pay an insurer clawed-back commission was not a credit agreement governed by the National Credit Act (NCA).

The respondent financial advisor, signed an acknowledgment of debt in

The new UK Arbitration Act modernises the Arbitration Act of 1996 and will come into force on a date to be appointed. 

Companies doing business or arbitrating subject to the laws of England should familiarise themselves with the key reforms in the 2025 act, which you can read about in this article from our London

In this judgment the applicant retired in 2020 and arranged for his pension fund to transfer his retirement benefit to the respondent insurer, after withdrawing the tax-free lump sum (one third of his pension benefits). The funds were invested in a number of life and annuity policies.

The applicant tried to cancel the policies a

The plaintiff sued the defendants for damages, caused by a fire that originated on the defendants’ property, a farm in the Eastern Cape. The parties settled the claim a day before the trial, with the defendant accepting 80% liability for the plaintiff’s damages. The settlement agreement was reduced to writing and signed, in the form

In this November 2024 judgment the insured sued the insurer under a salary protection policy. The insured had attempted to take out various policies with the respondent insurer between 2015 and 2020, but her applications were declined due to the disclosure of her medical conditions. Her 2020 attempt resulted in her being asked to undergo

In this criminal case where the victims were targeted in order for insurance benefits to be claimed from funeral policies, the court said:

“We live in a country where the majority of the people live below the poverty line. The temptation to cover these people for funeral policies is rife for unscrupulous people. It is