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
The appointed engineer under a road construction project, acting as agent for the employer, refused to issue a payment certificate in response to invoices provided by the contractor because the contractor did not finish the work it was supposed to perform according to the contract. The court held that this was no reason not to
In March 2025 a US district court in Arkansas held that an exception to a property insurance exclusion known as the ‘ensuing loss’ clause, which restores coverage when an exclude event results in a covered peril causing damage, did not restore coverage for the complete replacement of a gym floor which had been defectively painted.
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
This blog was authored by Jason Hudson, Trainee Associate.
Insurance policies can provide financial security, but only when applicants are truthful in their disclosures. In a March 2025 ruling the high court ruled against a beneficiary’s R6 million claim after the insurer proved material misrepresentation and non-disclosure by the life insured policyholder.
The court decided
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A Missouri court dismissed an insurance claim by a drug manufacturer which had promoted the sale of opioid products because the “your products” exclusion expressly included not only “products” but also “representations” the drugmaker made about its products.
The drugmaker had promoted opioid product use and sales in general and not only its own products
A defendant who signed surety for a bank raised a number of unsuccessful defences including prescription. The bank granted the principal debtor an overdraft facility which the client failed to reduce within the credit limit as required in December 2018. Summons was issued in July 2024. The court dismissed the prescription defence because it was
In February 2025 the English High Court delivered a 202-paragraph judgment only to come to the conclusion that the lawyers professional indemnity policy covering both insured entities did not mean that the successor firm could be indemnified for the negligent performance of services by its predecessor firm.
The policy covered both the previous firm with
A policy provision capped liability at USD10 million for “direct physical loss or damage caused by heat from molten material, which has been accidentally discharged from equipment”. The court found on the facts that the words were ambiguous as to what was “direct” damage and what was “caused by heat” so that some of the losses