Tag: negligence

When a trust suffers a loss through negligence, misconduct or mismanagement, can the beneficiaries take legal action directly against a third party? The answer is nuanced. Recent legal developments, such as the McCann vs McCann case in the KwaZulu-Natal High Court, are bringing new clarity to the rights and remedies available to trusts and their beneficiaries.

South Africa’s buildings are carrying silent risks, and many business owners or occupants don’t know it. From outdated fire systems to water outages that disable suppression infrastructure, the cracks in compliance are becoming more dangerous. I see the same pattern repeatedly.

The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.

In a significant win for taxpayers on the South African Revenue Service’s (SARS) “narrow” approach to the ability to claim input Value-Added Tax (VAT), the Supreme Court of Appeal (SCA) recently ruled in favour of Woolworths Holdings (Woolworths), the group holding company, affirming its right to claim over R8 million in input VAT.

Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry. If a hazardous object reaches a diner’s plate, negligence may be inferred unless the restaurant can prove otherwise.

Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.

The tragic deaths of children exposed to harmful chemicals from foreign-owned spaza shops have highlighted the need for regulations. As we push for more regulations, we must ensure that we do not harm ourselves in the process. Various legal philosophies shape one’s understanding and interpretation of the law.

Choosing to relocate to a new property or premises is an exciting opportunity. This often involves fresh experiences and exposure to new markets. It also allows you to embrace positive change.

When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers cite the policyholder (not the insurer) as the litigant.

In the dynamic world of business, unexpected events can strike at any moment, threatening the stability of even the most well-established enterprises. From property damage caused by natural disasters to lawsuits from disgruntled customers, the need for comprehensive business insurance cannot be overstated.