South Africa and global insurance, financial institutions, banking and general law know–how
In 2026, the Supreme Court of Appeal confirmed that a party cannot rely on broadly worded disclaimers or indemnities to escape delictual liability where those terms are not properly brought to the consumer’s attention or validly agreed.
The appeal arose from a personal injury claim brought by a tourist who fell from a moving safari…
A January 2026 High Court judgment confirmed, yet again, that an insurer issuing an advance payment guarantee is obliged to honour a demand for payment where the demand complied with the terms of the guarantee. Disputes over payment certificates are managed under the construction contract. The court reaffirmed the autonomous nature of demand guarantees and…
A provincial road authority may be held primarily liable for injuries caused by a dangerous pothole, even where the driver contributed to the accident by driving too fast for the prevailing conditions. A failure to repair the pothole or warn motorists may amount to a breach of the authority’s duty of care and be the…
A performance guarantee may be enforceable even where the beneficiary holds only a copy of the guarantee, if the evidence shows that the guarantee was issued and intended to operate.
In a 2025 High Court judgment, an employer awarded a construction contract to a contractor acting through a joint venture. Under the contract, the contractor…
A 2025 High Court judgment confirmed that even where an insurer relies on an anti-churn clause to protect its policy book, urgent court relief restraining the intermediary from moving the policies will not be granted if the dispute can be resolved through arbitration within a short period and no immediate harm is shown.
In 2021…
A May 2025 High Court judgment found that a guarantor who failed to reject a second call on an on-demand performance guarantee within five days was bound to honour the demand. The terms of the guarantee incorporated the Uniform Rules for Demand Guarantees (the URDG) which precluded the guarantor from later disputing the demand on…
