disclaimer Archives - GilesFiles

Disclaimers excluding liability: Not enforceable?

by GilesFiles | Jan 27, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Statutory, 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,...

Construing exemption clauses: Delict or contract

by GilesFiles | Jan 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Delict, Exceptions/special pleas, Interpretation etc, Judges, Legal Practice, Logistics, MV Phatshoane, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, 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,...

Vicarious liability theft: Exclusionary clause?

by GilesFiles | Mar 25, 2020 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Courts, Damages, Delict, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, Parties, Sectors, Special pleas, 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,...

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,...

Professional indemnity insurance: Exclusion clauses

by GilesFiles | Mar 14, 2019 | 2019, 2019, Causes and defences, Consumer protection, Courts, Interpretation etc, Judges, Landmark judgments, Legal Practice, SCA judges, Supreme Court of Appeal, Topics | 0 |

Centriq Insurance Co Ltd v Oosthuizen Professional indemnity insurance for financial advisors is important and this SCA judgment deserves special attention especially for those persons who take out insurance to cover various...

Fire risk management: Wrongful omission proved

by GilesFiles | Nov 4, 2016 | 2016, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Risks, Topics | 0 |

Potgieter v University of Stellenbosch (16936/2010) [2016] ZAWCHC 158 [2016] JOL 36822 (HC) (4 November 2016) per J Cloete J. As a result of a devastating fire in a hostel at the University a student was severely and permanently...

Exemption clause interpreted: Ineffective provisions

by GilesFiles | Mar 18, 2004 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Courts, Disallowed, Exceptions/special pleas, General, Hospitality, Judges, Landmark judgments, Legal Practice, Non-profit organisations, Orders, Parties, Private enterprises, Retired judges, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Johannesburg Country Club v Stott Exemption clause interpreted strictly and SCA stated that a provision was also partially ineffective, at least to the extent that it purports to provide an exemption against the claims of guests...

Tag: disclaimer

Disclaimers excluding liability: Not enforceable?

Construing exemption clauses: Delict or contract

Vicarious liability theft: Exclusionary clause?

Gross negligence lacking: Independent school indemnified

Professional indemnity insurance: Exclusion clauses

Fire risk management: Wrongful omission proved

Exemption clause interpreted: Ineffective provisions