Tag: liability

Employee benefits such as a retirement fund, healthcare insurance, medical scheme membership, group life and disability benefits are pre-negotiated and agreed upon as part of the employment process and contracting. Typically, these benefits remain in place until the employee-employer relationship concludes through resignation, dismissal, retrenchment, retirement or death.

The nature of guarantees has once again been dealt with decisively by the Supreme Court of Appeal (SCA) this time in the matter between Bonifacio and another vs Lombard (Bonifacio). A guarantee is an obligation to make payment upon the occurrence of an event.

In recent years, family offices have emerged as formidable players in the global financial landscape, managing substantial wealth on behalf of ultra-high-net-worth individuals. Although there is still a preference by some family offices to adopt a more hands-on approach by directly acquiring private companies and properties, many are mitigating risk by co-investing with seasoned private equity professionals in direct investments.

Global tourism has begun surpassing its pre-COVID-19 peak. South Africa remains a popular tourist destination with the hospitality sector contributing significantly to its gross domestic product (GDP). Competition in the hospitality industry is intensifying, making the marginal and not-so-marginal gains offered by artificial intelligence (AI) a vital consideration for any hospitality operator.

As organisations emerge from the recent CrowdStrike Falcon incident, I have taken some time to reflect on what we learn from this. Over the past few days, we have seen so many responses and opinions on apportioning liability and estimating the impact of the incident. This point of view takes a different perspective, reflecting on how to respond positively and in a forward-looking way.

Policyholders and insurers alike should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. The case concerned a claim for specific performance in terms of a life insurance policy. The policyholder lodged a claim with his insurer through its authorised agent on or about 27 September 2017.

Mitigating contractual disputes by exploring alternative dispute resolution (ADR) and arbitration in resolving supply chain disputes. The mining industry relies heavily on a complex network of suppliers, logistics partners, and transporters to ensure the efficient movement of raw materials.

If your image (physical image, voice, signature, likeness, etc.) has been used without your consent for commercial purposes, especially in the absence of a contract, proving your case in court would be difficult because South African law does not recognise the existence of a distinct image right.

The Johannesburg Labour Court has sent a clear message that defying court orders will not be tolerated. In a recent decision, Magnus Loubser, a director at Spar in Polofields Crossing, Midrand, was fined R1 million for contempt of court for refusing to reinstate a worker who was unfairly dismissed.

Insurance claims can be repudiated for many varying reasons – from the most obvious to the least expected reasons. One of the best ways of trying to avoid an insurance repudiation is to understand your contractual duties stemming from your policy.