pure economic loss Archives

Pure economic loss: Wrongfulness and fault?

by GilesFiles | Oct 24, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, RM Keightley, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, 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,...

Protection against risk: Pure economic loss

by GilesFiles | Jun 10, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, 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,...

Cancelling arbitration agreement: Consequences?

by GilesFiles | Apr 11, 2023 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

GR Sutherland and Associates (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd In cancelling an arbitration agreement what are the chances that a party will be exposed to prejudicial ‘procedural jockeying’? “[39] All...

Business email compromise: Wrongful and negligent?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Management, Orders, Parties, Personal Information, Personal services, Pleadings: amending, Policies - all, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

H v ENS Inc In context of BEC (business email compromise) when should the law recognise a legal duty of care when invoices are sent for payment? [131] The interests of the defendant as well as the society demand that a legal...

Breaching statutory duties: Exceptions not upheld

by GilesFiles | Nov 11, 2022 | 2020 onwards, Applications, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutory, Topics | 0 |

Korea Shipping Corporation v SA Weather Service Breaching statutory duties and does concept of ‘organ of State’ differ depending on which statute applies in a particular case? “[19] In short, had the...

Pure economic loss: Legal Practice Council liability?

by GilesFiles | Nov 26, 2021 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

Absolution from instance: Test to be applied

by GilesFiles | Oct 27, 2021 | 2020 onwards, Appeals, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Dignity equality freedom, DN Unterhalter, Evidence & onus, General, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

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...

Tag: pure economic loss