An agreement of compromise is the settlement of disputed obligations by agreement.

A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding

In this New South Wales Supreme Court judgment, the issue was whether the life insured satisfied the definition of “Own Occupation Total and Permanent Disability” under an insurance policy.

The court said that the proper construction of “occupation” in the definition of “Own Occupation” is the employment, trade or business in which that person is

In a July 2022 blog, we highlighted the tendency of our courts to invoke the Promotion of Administrative Justice Act (PAJA) and the principle of legality interchangeably in cases where review grounds exist under both.  We explained that, despite the considerable overlap between PAJA and the principle of legality, everyone dealing with government and

While this recent Supreme Court of Appeal judgment is a criminal case, with the onus on the State to establish proof beyond a reasonable doubt, it is a reminder for all parties to an insurance transaction of the burden upon the accuser establishing intent to defraud. In civil proceedings the burden of proof is on

This blog was co-authored by Pierre Naudé.

On 18 October 2024 the International Civil Aviation Organisation (ICAO) announced that the limit of liability of airlines, as stipulated in the Montreal Convention, will increase by 17.9%. This increase is effective from 28 December 2024.

The Montreal Convention provides for a five-year review of the limitation, which

This blog was co-authored by Adrienne Hendricks (Candidate Attorney).

In two recent High Court judgements (First Rand Bank Limited v Initiative for Specialised Resource Management and Billion Property Developments v Nevzomark), the court considered whether initialling a suretyship agreement complies with the signature requirement in Section 6 of the General Law Amendment Act

In this July 2023 appeal judgment previously discussed here Insurance and reasonable precautions clauses (Australia) | Financial Institutions Legal Snapshot one of the issues for consideration was the meaning of “defect in an item” where the policy provided cover to the insured’s buildings and contents for accidental damage or accidental loss but which excluded

This blog was co-authored by Thabo Kolele, Candidate Attorney.

Claimants in South Africa who wish to avoid protracted and costly disputes are increasingly resorting to making secret settlement offers of the amount that they will accept that are “without prejudice save as to costs”. Such so-called Calderbank offers were first recognised in the English case