Tag archives: Balance of probabilities

Farmers liable for motorist’s collision with calf

The claimant sued two farmers for damages sustained following a collision with the defendants’ calf on the N8. The claimant sustained injuries when he swerved to the left to avoid the calf on the road. The defendants were found liable for the damages sustained by the claimant as a result of the collision for their … Continue reading

Deciding between mutually destructive versions of oral agreement

Where there are mutually destructive versions of an oral agreement, a court will side with the version which is more probable considering the circumstances. The credibility of witnesses, including whether their evidence is coherent and consistent, will be taken into account. The applicant in Meintjies v Annandale and another, an owner of an accounting business … Continue reading
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