It is common practice between retailers and wholesalers of petroleum products to continue their lease agreements on a month-to-month basis when the original agreement terminates through the lapse of the contract period. Monthly leases can be terminated on the agreed
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Lloyd’s 2.0 Metallica 0.0 for Covid-19 concert cancellation claim
On 18 March 2024 the California appellate court dismissed an appeal by Frantic Inc, professionally known as heavy metal band Metallica, claiming losses under a Cancellation, Abandonment and Non-Appearance Insurance policy because it was subject to a Communicable Disease exclusion excluding…
US jury finds insurer liable for crash by deployed tow truck
In mid-March 2024 a Kentucky state jury found liability of $164 million against an insurance company which had sent out a tow truck on a roadside assistance job which rear-ended a motorist leaving her quadriplegic. In the end of the jury…
Economic Duress alone does not vitiate a settlement agreement
This Gauteng judgment Trident South Africa (Pty) Ltd / Bateman Trident (Pty) Ltd v Shainne John Taylore & 2 Others has reaffirmed that economic pressure does not in itself create a basis to escape a settlement agreement on the grounds…
The proof is not in the pleadings – parties may not rely on an Anton Piller order to construct a cause of action
An Anton Piller order allows a prospective litigant to instruct the sheriff of the court to search a property and seize specific documentary evidence when a “real and well-founded apprehension” exists that such evidence will be hidden or destroyed before…
Medical expenses paid by medical aid are not deductible from damages
In this February 2024 judgment, the Pretoria High Court rejected the Road Accident Fund’s argument that it is not liable for medical scheme members’ past medical expenses paid by the injured person’s medical scheme following a motor vehicle accident.…
Voetstoots clauses cannot be fixed with a fresh coat of paint
The judgment on 28 February 2024 in Gortzen and Another v Moolman upheld a claim for damages for undisclosed defects brought by the buyer of a property against the sellers. The undisclosed defects related to damp in the internal and…
Are employment policies referred to in employment contracts binding terms of employment?
There are different legal requirements for amending terms of employment and employment policies. An employee`s consent is required in order for an employer to amend a term of employment, whilst an employer is only required to consult an employee prior…
Search and seizure operations by SARS not only for taxpayer
In March 2024, the Supreme Court of Appeal held that SARS lawfully seized a director’s property during a search and seizure operation conducted at the premises of the company.
SARS had obtained a warrant from the high court in terms…
Principles of USA Insurance Law similar to South Africa
This US judgment’s summary of Michigan insurance law will be largely familiar to South African readers:
“An insurance policy is much the same as any other contract. It is an agreement between the parties in which a court will determine…