Failure to object to short payment may be a waiver and result in prescription

By Patrick Bracher (ZA) on June 4, 2018 Posted in General

An intention to waive must be inferred reasonably; no-one can be presumed to have waived rights without clear proof. The test for such intention is objective. Silence and inaction will do when a positive duty to act or speak arises. A security company rendered security services to a municipality for six years. During the second … Continue reading

Settlement agreements and waiver of right to approach courts

By Aslam Moosajee (ZA) on September 19, 2016 Posted in General

On 15 September 2016, the Constitutional Court in Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Ltd, held that a full and final settlement clause in an agreement to settle a dispute was lawful, even though the agreement contained a waiver to approach the CCMA or any other court for relief. The court highlighted the importance … Continue reading

Non-disclosure, misrepresentation and waiver of the insurer’s right to avoid the policy

By Donald Dinnie on November 23, 2015 Posted in Insurance

In an English court judgment in Brit UW Limited v F&B Trenchless Solutions Limited the insurer successfully sought a declaration that avoided a contractor’s combined liability policy. The policy had been issued to the insured as a specialist tunnelling contractor. A derailment of a train occurred at a site where the insured had recently constructed a … Continue reading