A May 2025 High Court judgment found that a guarantor who failed to reject a second call on an on-demand performance guarantee within five days was bound to honour the demand. The terms of the guarantee incorporated the Uniform Rules for Demand Guarantees (the URDG) which precluded the guarantor from later disputing the demand on
In December 2025, the Supreme Court of Appeal found that the bank which provided credit for the purchase of a vehicle was also the “supplier of the vehicle responsible for latent defects” entitling the purchaser to cancel the deal.
The purchaser bought a vehicle which experienced problems relating to the oil cooler and gearbox within
On 13 August 2025, the High Court held that the acknowledgement of debt under consideration was a credit agreement under the National Credit Act due to the deferral of the payment to a future date and interest charged on all overdue amounts until final payment. The court dismissed an application for payment of the debt
In May 2025, the High Court found that a bundled credit life insurance product contravened the National Credit Act of 2005 by providing cover to policyholders who could not benefit from the cover offered. The credit life product included disability and retrenchment cover which the credit provider sold largely to pensioners, and to disabled persons
This blog was co-authored by Adrienne Hendricks, Trainee Associate and Adriaan Lourens, Candidate Attorney.
In April 2025 the High Court dealt with a bank’s claim for payment of R15 million, plus interest and costs, brought against the surety of a company. The company, as principal debtor, had concluded a loan agreement with the bank but