Category Archives: Law of Delict

Exemption Clauses: Changes in the Legal Landscape

Much has changed in the legal landscape surrounding exemption clauses from when the landmark case of Durban’s Water Wonderland (Pty) Ltd v Botha 1999 1 SA 982 (SCA) was decided. In that case, the court had to decide on the enforceability of a disclaimer notice when the plaintiff and her daughter were flung from a jet ride in an amusement park. The SCA held that, since the defendant had done whatever was necessary to bring the notice to the attention of the plaintiff, the notice could be incorporated into the contract between the plaintiff and defendant, and the disclaimer notice was upheld... Read More

Property Law: A seller’s liability for the non-fraudulent misrepresentations by an estate agent

It is often disputed that misrepresentations made by an estate agent in the sale of property bind his or her mandate.

A contracting party who seeks relief on the basis of a misrepresentation or misstatement must establish the following elements:

a precontractual incorrect statement; which was material or wrongful (unlawful); made by the other party to the contract (or someone for whom he or she is responsible); with the intention of inducing the contract; and which induced the contract or caused the other party to suffer loss... Read More

Case law: Broadcasting Complaints Commission of South Africa / case number 30/2014

On Sunday 10 August 2014 on the SABC SAFM programme, ‘Media at SAFM’ a caller by the name of ‘Sig from Randburg’ called into this programme between 9h00 and 9h30. Amongst other things he referred on air to the Cabinet (the Executive Arm of the State) as an “entirely corrupt Cabinet”. The presenter did not correct the statement. A complaint was received from a Cabinet Minister arguing that the statement was defamatory and that the presenter should have asked the caller either to prove the statement or to withdraw it... Read More

Case Law: The MEC for Transport for KZN vs A S Loxton

Strauss Daly successfully appealed on behalf of the MEC for Transport for KZN, against a High Court judgment relating to alleged negligence on the its department’s part by failing to adequately warn motorists of obstructions on a stretch of road near Umkomaas.  The Court found that the department took sufficient measures in the circumstances and could not be expected to guard against foolhardy recklessness, as was displayed by the respondent.  The judgment was regarded as reportable by the judges. Read the full law report here... Read More

Trading with medicine and medical devices

It is understandable that due to the nature of medicine and medical devices that the trading of these products requires a well rounded regulatory framework.

 The Medicines and Related Substances Act 101 of 1965 regulates and controls amongst other things the importation of medicine and medical devices in South Africa. In terms of South African law all medical related products available to the South African public must be registered with the Medicine Control Council to ensure the safety, efficacy and quality of medicines and related products... Read More

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