This blog was co-authored by: Carly Lakin, Candidate Attorney

In this judgment the court considered whether the principal was liable for the negligence of an independent contractor.

An attorney at the Gqeberha Magistrates’ Court slipped on a wet floor and sustained injuries. He instituted action against the Minister of Public Works & Infrastructure as the

The owner of a dog that attacks a person who neither provoked the attack nor by their negligence directly caused their own injury is liable, as owner, to make good the resultant damages.

Based on Roman law, for nearly 200 years the law in South Africa has been accepted that owners of animals are strictly

A clear and unambiguous exclusion clause may be relied upon to avoid liability for damages arising from the negligent failure to fulfil a contractual duty. The wording of the exclusion clause must, however, specifically mention the extent to which liability is excluded. The courts generally interpret an exclusion clause as not covering negligent conduct if