by Wessels + Van Zyl Inc | Nov 28, 2022 | Delict and Civil Claims
“This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both the...
by Wessels + Van Zyl Inc | Mar 29, 2022 | Delict and Civil Claims, Property
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability....
by Wessels + Van Zyl Inc | Mar 29, 2022 | Delict and Civil Claims
“Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that the extent...
by Wessels + Van Zyl Inc | Nov 25, 2021 | Delict and Civil Claims
“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises are ‘reasonably safe’ for those members of the public who might frequent them …...
by Wessels + Van Zyl Inc | Aug 26, 2021 | Delict and Civil Claims
“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many...
by Wessels + Van Zyl Inc | Jul 27, 2021 | Delict and Civil Claims, Employment and Labour Law
“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if...
