The law of subrogation: In who’s name should the insurer litigate?
Following English law, South African Law recognises the right of an insurer to step into the shoes of its insured in proceedings against third parties who are liable for damages suffered by the insured. This procedural step, known as the doctrine of subrogation, allows the insurer to litigate against a third party in order to […]
How legally enforceable is the principle of “ubuntu”?
Our Courts may have previously considered and been somewhat receptive to the idea of developing the common law to incorporate a duty on parties to negotiate in good faith, however a recent judgment handed down by the Supreme Court of Appeal has put such thoughts into perspective. Roazar CC v The Falls Supermarket CC 2018 […]
Effective Cause – “Causa Causans”
It is notoriously difficult, when there are competing estate agents, to determine who is the effective cause of the sale that eventuates. This article looks at the decision of the Supreme Court of Appeal (“SCA”) in Wakefields Real Estate (Pty) Ltd v Atree and others 2011 JOL 27977 SCA to establish whether an estate agent […]
Law of Contract: “See Terms and Conditions Overleaf”
Most entities make use of “standard terms and conditions” of contract. It is however frequently the case that such terms and conditions are not specifically included in quotations, letters of appointment and contractual documents, even though they are intended to, and often do, form part thereof. In many instances they are merely referred to. The […]