The Canadian case of Moffatt v. Air Canada considers a dispute concerning a refund for a bereavement fare. Jake Moffatt, the applicant, booked flights with Air Canada following the death of his grandmother. He was informed by an AI powered
Financial Institutions Legal Snapshot
South African banking, finance and insurance law know-how
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The limits of an interim interdict in a franchise dispute
During arbitration between a franchisor and franchisee, an interim interdict may be employed to enable the parties to continue to conduct their business arrangements until the dispute is settled. However, in certain circumstances the operation of the interdict may be…
Can liability be acknowledged after a debt has prescribed?
Section 14(1) of the 1969 Prescription Act states that the running of extinctive prescription is interrupted by the debtor’s express or tacit acknowledgement of liability. The question that arose for consideration in Viljoen v Centlec (SOC) Ltd and others 2024…
The Department of Health may classify medicines for public procurement purposes
The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids.
The DOH awarded a tender to supply surfactants to treat Respiratory…
Duties of Auditors and Compliance Officers are owed to Intermediary not Third Party Insurers
A number of insurers issued summons against an intermediary (the first defendant), its auditor (the second defendant) and…
Subrogation and Medical Schemes
Van Tonder v Road Accident Fund (1736/2020; 9773/2021) [2023] ZAWCHC 305 (1 December 2023)
The court consolidated two matters against the Road Accident Fund, for payment of each plaintiff’s past medical and hospital expenses, which were rejected by the RAF…
Regulatory requirements behind the peanut butter recall
The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted…
The effect of Avian Influenza on insuring South African poultry farming
Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for…
English Supreme Court finds doctor not liable for family’s trauma
The Supreme Court for England and Wales (ESC) recently ruled that while doctors owe a duty of care towards their patients, they do not owe a similar duty to that patient’s family.
Like South African law, English law allows those…
Insurance Brokers and Restraint of Trade
TWK Agri (Pty) Ltd v Botha and Others (J125/2023) [2023] ZALCJHB 42 (7 March 2023)
Restraint of Trade Upheld.
TWK, the applicant, is a broker of non-life and life insurance, with products marketed by a network of brokers. MRA Brokers,…