Tag archives: Agent

Payment to broker may not be payment to insurer (US)

By Patrick Bracher (ZA) on February 10, 2021 Posted in Insurance

The Georgia Court of Appeals (US) found that payment of premiums by house owners insurance policyholders to their insurance agent was not payment to the insurer where notice had been given to the policyholders to pay directly to the insurer. In October 2014, the insurer sent a renewal notice to the policyholders requiring them to … Continue reading

Liability for independent contractors and the legal fiction of non-delegability

By Donald Dinnie on February 28, 2020 Posted in General

The Western Cape High Court in the December 2019 decision of Holtzhauzen v Cenprop Real Estate and Naheel Investments confirmed the general proposition that a principal is not liable for the negligent conduct of its independent contractor. This was a slip and trip claim where the shopping mall owner had delegated cleaning services to a … Continue reading

Constitutional values of ubuntu and fairness are not the basis for the courts’ interference with contractual relationships

By Siyabonga Mathe on November 28, 2019 Posted in General

It has long been held that although values such as good faith, reasonableness and fairness are fundamental to our law of contract, they do not constitute independent rules that courts can employ to intervene in contractual relationships (South African Forestry Co Ltd v York Timbers Ltd). The fact that a term of a contract is … Continue reading

Authority of agent to represent bank

By Patrick Bracher (ZA) on February 17, 2014 Posted in Banking

The fact that someone works as, say, a branch manager or agent for a bank does not mean they have express or implied authority to bind the bank to a transaction of any kind. They can only bind the bank to transactions which are the ordinary kind of business done by the branch manager or … Continue reading