Groenewald, an insurance broker employed by BoE Bank Ltd (formerly Boland Bank PKS Ltd), was asked by a colleague to deliver a will to Mr Ries for signature on 22 December 1994. During this visit, which was a courtesy service, Mr Ries mentioned he wished to change the beneficiary on his Old Mutual life policy from his cousin, Mr Strahlendorf, to his fiancée (the future Mrs Ries, the respondent). Groenewald did not have the appropriate form with him, so he returned later that afternoon with a partially completed change of beneficiary form. Mr Ries was not present, but Mrs Ries (then his fiancée and employee) was at the office. The form was completed with beneficiary details but remained unsigned. Groenewald left a message for Mr Ries to come to the bank to sign the form, placed it in his office file, and had no further communication with Mr Ries about the matter. Mr Ries never took further steps to sign or lodge the form before his death in 1996. The R300,000 policy proceeds were paid to Strahlendorf, the original beneficiary. The change of beneficiary was intended to enable Mrs Ries to fund a bequest under Mr Ries's will, which she declined to accept after his death. Mrs Ries sued the bank and Groenewald for damages equivalent to the policy proceeds.