Section 14(1) of the 1969 Prescription Act states that the running of extinctive prescription is interrupted by the debtor’s express or tacit acknowledgement of liability. The question that arose for consideration in Viljoen v Centlec (SOC) Ltd and others 2024 JDT 0217 (FB) (https://app.jutastatevolve.co.za/preview/1___y2024JDRn0217) is whether such interruption can occur after the prescription
This blog was co-authored with: Maano Manavhela, Candidate Attorney
In this case, the Plaintiff’s two children aged 5 and 6 years old, sustained severe injuries at Shoshanguve Primary school when a newly constructed gate fell on them whilst they were on their way to the school’s portable toilets unsupervised. These severe injuries included broken bones
This December 2022 Australian judgment of Ritchie v Insurance Australia [2022] NSWCA 278) considered an event where two employees of the insured were engaged in installing reinforced steel into trenches as part of a residential building works and used a power cutter fitted with a cutting blade to cut reinforcing steel. The use of the
In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the
This blog was co-authored by: Maano Manavhela, Candidate Attorney
In this case, the claimant sustained severe bodily injuries when he stepped onto a powdery substance with his left foot and slipped and fell down the stairs leading to the ground floor of the defendant’s factory. The incident happened at his workplace but he was not
In this case, the claimant fell at the entrance of the defendant’s restaurant premises.
The claimant sued alleging negligence on the part of the defendant.
One of the issues for determination was whether the defendant was absolved of any liability by virtue of the disclaimer notice.
The disclaimer notice read (in capital letters):
“
In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken
In this April 2022 judgement, the court reviewed and considered the doctrine of double insurance in the context of a motor vehicle accident claim where the third party insurer settled the claim and then sought a contribution from the insurer of the employer of the driver. And the effect in that context on double
Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was
In any ‘slip and trip’ incident, a court will apply the negligence test namely that a person is liable for foreseeable harm caused to another that could have been avoided by the exercise of reasonable care. The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling