Purnel Gangiah

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Prescription does not run against a mentally incapacitated claimant despite having a curator

By Deniro Pillay (ZA) and Purnel Gangiah on May 9, 2023 Posted in Healthcare

The Supreme Court of Appeal confirmed that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental health impediment exists. Placing a claimant under curatorship is in itself an impediment. It does not bring about a cessation … Continue reading

A reminder to employers; failure to guard against foreseeable harm at the workplace may attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on February 22, 2023 Posted in Insurance

In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the … Continue reading

The occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property

By Deniro Pillay (ZA) and Purnel Gangiah on November 15, 2022 Posted in Insurance

In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken by … Continue reading

Negligent conduct does not automatically attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on June 28, 2022 Posted in Insurance

Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was … Continue reading

Court re-enforces the principles relating to expired tenders

By Deniro Pillay (ZA) and Purnel Gangiah on June 23, 2022 Posted in General

In circumstances where a validity period of a tender has expired, and the tender has not been awarded, the tender process is considered “completed”, despite there being no award. Without a timeous extension of the validity period, there is no tender award capable of acceptance as the “offer” has expired. In the City of Ekurhuleni … Continue reading

Legal liability of a shop owner in a ‘slip and trip’ incident

By Purnel Gangiah on May 30, 2022 Posted in Insurance

In any ‘slip and trip’ incident, a court will apply the negligence test namely that a person is liable for foreseeable harm caused to another that could have been avoided by the exercise of reasonable care. The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling … Continue reading

Limiting the duty of care of a shop owner to customers

By Deniro Pillay (ZA) and Purnel Gangiah on September 16, 2020 Posted in General

Shop owners have a duty of care to their customers. The duty of care necessitates preventing harm to customers, which can be reasonably foreseen. The duty is however not limitless. In De Wet v Gateway Plaza Meatworld CC De Wet slipped and fell at Gateway Plaza. She alleged that her fall was caused by oil … Continue reading

Tender award to unlawfully preferred bidder set aside

By Sandile Khoza, Purnel Gangiah and Ismene Nayagar on July 9, 2020 Posted in General

Tender processes require fairness and transparency. In order to ensure fairness and transparency, an organ of state must adopt a proper evaluation process when considering and awarding tenders. An organ of state cannot rely on its selection of a preferred bidder in circumstances where the process for a preferred bid is not followed. When the … Continue reading