Duty of care Archives

Structurally defective units: Cause of action?

by GilesFiles | Apr 11, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Pleadings: amending, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Body Corporate of La Mon Villa v Niyakha (Pty) Ltd Does our common law or do any statutes recognise a claim for damages arising out of repairing structurally defective units in a community scheme? “[11] It is noted that...

Receiving further evidence: Appeal and damages?

by GilesFiles | Mar 31, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Business email compromise: Wrongful and negligent?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Management, Orders, Parties, Personal Information, Personal services, Pleadings: amending, Policies - all, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

H v ENS Inc In context of BEC (business email compromise) when should the law recognise a legal duty of care when invoices are sent for payment? [131] The interests of the defendant as well as the society demand that a legal...

Independent contractor liability: Vicarious or direct?

by GilesFiles | Dec 22, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Pleadings and exceptions considered: Uniform Rule 23

by GilesFiles | Dec 15, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Remoteness and damages claim: Exception disallowed

by GilesFiles | Sep 2, 2022 | 2020 onwards, Applications, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Government, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Legislation, Management, Orders, Parties, Pleadings: amending, Protectable interests, Public policy, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Failing to prove damages: Absolution from instance

by GilesFiles | Sep 2, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Evidence & onus, Exceptions/special pleas, General, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

Gross negligence lacking: Independent school indemnified

by GilesFiles | Mar 15, 2019 | 2019, Causes and defences, Courts, High Court, High Court judges, Judges, Legal Practice, Parties, Sectors, Topics, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trustee’s duty of care: Applicable to outsiders?

by GilesFiles | Feb 20, 2018 | 2018, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Private enterprises, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Safety at work: Employers duty of care

by GilesFiles | Jan 19, 2016 | Causes and defences, Statutes (LRL 2)-work, Words & phrases | 0 |

“The common law and various pieces of legislation give employees the right to a safe working environment. Additionally, proper information about risks should be provided transparently so that employees can make informed...

Duty of care: Employee denied claim for damages

by GilesFiles | Mar 31, 2010 | 2014 and earlier, Appeals, Causes and defences, Contractual breach, Courts, Judges, Legal Practice, Legislation, Parties, Private enterprises, Regulations, Retired judges, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

In Mankayi v AngloGold Ashanti (126/2009) [2010] ZASCA 46 (31 March 2010) the SCA disallowed the mine worker’s appeal against the upholding of that exception by the lower court. A mine worker claimed that he was employed...

Tag: Duty of care