exemption clause Archives

Excluding contractual liability: Exemption clause considered

by GilesFiles | Jun 28, 2023 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, RMM Zondo, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

Fujitsu Services Core (Pty) Ltd v Schenker SA (Pty) Ltd Does excluding contractual liability for intentional acts of employees when handling goods of customers fall foul of public policy? “[142] The making of prior special...

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 |

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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...

Exemption clause considered: Ticket cases

by GilesFiles | May 23, 2003 | 2014 and earlier, Courts, Judges, Supreme Court of Appeal | 0 |

 Essence Telefaxed quotation not including exemption clause and cannot be construed as including it and considered the ‘ticket’ cases and held that reasonable steps were not taken to alert the recipient of the telefax to the...

Tag: exemption clause

Excluding contractual liability: Exemption clause considered

Construing exemption clauses: Delict or contract

Exemption clause interpreted: Ineffective provisions

Exemption clause considered: Ticket cases