Foss v Harbottle Archives

Reflective loss wrongfulness: Pure economic loss

by GilesFiles | Jul 3, 2020 | 2020 onwards, Appeals, Causes and defences, Courts, Delict, Exceptions/special pleas, Judges, Legal Practice, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

Derivative delictual action: Claim pure economic loss

by GilesFiles | Mar 31, 2016 | 2016, Causes and defences, Courts, Delict, Derivative action, Judges, SCA judges, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

The SCA disallowed the appeal. The appellant’s cause of action was founded in delict and was for pure economic loss. Shareholders cannot sue for the diminution in the value of their shares because any wrong can only be...

Foss v Harbottle Rule: Defined and explained

by GilesFiles | Mar 24, 2016 | 2016, 2016, Appeals, Causes and defences, Contractual breach, Courts, Derivative action, Insights, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Regulations, SCA judges, Supreme Court of Appeal, Topics | 0 |

This is an important rule concerning the Foss v Harbottle Rule and the separation of a company as a legal entity apart from its shareholders. Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24...

Tag: Foss v Harbottle

Reflective loss wrongfulness: Pure economic loss

Derivative delictual action: Claim pure economic loss

Foss v Harbottle Rule: Defined and explained