by Wessels + Van Zyl Inc | Aug 26, 2026 | Delict and Civil Claims
In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg. The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.
by Wessels + Van Zyl Inc | Mar 2, 2026 | Consumer Law, Delict and Civil Claims
You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?
by Wessels + Van Zyl Inc | Aug 26, 2025 | Delict and Civil Claims, Property
“Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over...
by Wessels + Van Zyl Inc | Jul 28, 2025 | Delict and Civil Claims
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and...
by Wessels + Van Zyl Inc | Mar 26, 2025 | Delict and Civil Claims
“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels,...
by Wessels + Van Zyl Inc | Jan 7, 2025 | Delict and Civil Claims
“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High...
