A contract of insurance against damage to property is a contract of indemnity, often described as a contract to hold someone harmless.
Those principles are highlighted in this recent court of appeal judgment.
The court said that a lay
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Compliance with court order to provide security for costs
This blog was co-authored by Adam Butler, Candidate Attorney.
The failure to put up security for costs when required to do so can have significant consequences.
On 20 November 2024, the Johannesburg High Court delivered judgment in Redpath Mining (South
Clarifying the doctrine of the undisclosed principal and protecting corporate personality
This blog was co-authored by Adam Butler, Candidate Attorney.
In September 2024, Christopher Hancock KC handed down judgment in Yangtze Navigation (Asia) Co Ltd & anor v. TPT Shipping Ltd & ors (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm), providing
Powers of a trade union to represent members in proceedings are limited by its constitution
On occasion an employee joins a trade union which operates outside of the industry in which their employer operates. The Constitutional Court held that such a trade union does not have the power to represent the employee in CCMA and
Thumbs up emoji can create a contract (Canada)
A majority decision of the Court of Appeal for Saskatchewan agreed with the judge in the lower court that a text message containing a thumbs up emoji 👍 satisfied the signature requirments in the Canadian The Sale of Goods Act,
The curious case of 79 avoidable divorces (UK)
The high court in England grappled with the situation where 79 divorce order had been obtained despite a breach of their statute law which requires that “an application for a divorce order may not be made before the expiration of
Policy avoidance: Church’s non-disclosure of abuse allegations (Canada)
In this Newfoundland Supreme Court judgment the court upheld the insurer’s avoidance of the insured’s comprehensive general liability policy due to pre-contractual non-disclosure of clergy abuse allegations from 1980 to 1985.
The court said that the insured failed to disclose
Ten things to know about insurance regulation in Asia Pacific
Norton Rose Fulbright Singapore have launched the 2025 update of their Insurance Regulation in Asia Pacific – Ten things to know about 19 countries. The guide provides an overview and practical checklist of ten common regulatory issues for insurance companies
Dealer found liable to a purchaser for selling a defective vehicle
This blog was co-authored by Ngarothe Netshipale, Candidate Attorney.
In August 2024, the High Court upheld a ruling by the Consumer Tribunal against a dealer that argued that a gearbox failure of an SUV was due to the purchaser’s driving
Impossibility of performance is not a defence where claims arise from counter-indemnities and suretyships executed in favour of insurer as guarantor
In December 2024, the High Court held that reasons for non-performance are irrelevant considerations when a guarantor claims payment under counter-indemnities and suretyships executed in its favour.
The applicant insurer issued a guarantee in favour of a beneficiary on behalf