Legal Affairs / General

Disclaimers may prove unconstitutional

One should be careful when relying on an exemption clause to escape liability as it may prove unconstitutional. Public policy, with the notions of fairness, justice and reasonableness, would preclude the enforcement of such a contractual term if this amounted to injustice or unfairness.

Lost or stolen cheques – who assumes the risk?

Court's discussion as to Residing in your Household

From time to time the question arises in policies providing general liability cover whether a claim is excluded because the claimant is a person living or residing in the same household of the insured.

Protection of Personal Information Bill

The Protection of Personal Information Bill (“POPI”) was passed by Parliament on 20 August 2013. The Bill will now be sent to the President to sign into law and will come into operation upon being published in the Government Gazette, or upon a later date