Tag archives: Disclaimer

Disclaimer notices and gross negligence

By Donald Dinnie on January 19, 2023 Posted in Insurance

In this judgment, the court held that the two disclaimer notices displayed at the defendant’s premises did not exclude its liability for gross negligence. The plaintiff was a visitor to the defendant’s holiday resort and sustained injury when she fell into a hole when seeking shelter at a time when there was a sudden cloudburst … Continue reading

Disclaimer notice at the entrance to a store

By Hishaam Khan and Yash Naidoo on March 17, 2020 Posted in General

The High Court has refused to apply the terms of a disclaimer notice to defeat the claim of a shopper who tore his bicep while trying to stop a rack from falling. The shop owner’s defence relied on the display of a disclaimer notice alongside the entrance to the store which contained an exemption of … Continue reading

Disclaimers and the Consumer Protection Act

By Donald Dinnie on March 3, 2020 Posted in General

For the first time, a South African court in Van Wyk v UPS dealt with the application of the Consumer Protection Act to disclaimer clauses in a contract. On the facts, the court applied sections 22, 49 and 52 to sever from the agreement the specific clauses on which the defendant sought to escape liability … Continue reading

Indemnity and disclaimer clauses relating to school children: 12 things to know

By Donald Dinnie on February 10, 2020 Posted in Insurance

If you, as a parent or guardian of a minor child, sign a disclaimer clause, you might lose the right to sue the school for damages you suffer (in your own right) relating to your child’s death or injury, which was negligently and wrongfully caused by the school. A parent or guardian can never lawfully … Continue reading