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
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
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