exemption from liability Archives

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,...

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...

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,...

Disclosing security arrangements: Banker not liable

by GilesFiles | Sep 19, 2002 | 2014 and earlier, Appeals, Banks, Causes and defences, Courts, Delict, Judges, Legal Practice, Parties, philosophy / economics, Retired judges, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Absa Bank Ltd v Fouche Disclosing security arrangements and SCA decided that there was no duty on the branch officials of the bank to have disclosed the absence of an alarm and a guard at night in respect of the safe deposit...

Tag: exemption from liability

Disclaimers excluding liability: Not enforceable?

Excluding contractual liability: Exemption clause considered

Vicarious liability theft: Exclusionary clause?

Disclosing security arrangements: Banker not liable