The Constitutional Court re-enforced the principle 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 capacity impediment exists. The placement of a claimant under curatorship does not result in a cessation of the mental incapacity

It is common practice for shop owners to outsource their cleaning duties by concluding a service level agreement with a cleaning company. The service level agreement often contains an indemnity clause in terms of which the cleaning company indemnifies the shop owner for any liability of the shop owner resulting from a breach of their

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

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