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Cited for the principle that if compensation by the debtor is an offer of compromise accepted by the creditor, the creditor usually loses the right to pursue…
Cited for the principle that courts must exercise restraint to ensure there is no undue imposition on parties' contractual freedom in settlement agreements.
Cited for principle that each case involves policy considerations when extending the common law.
The court applies the principle from Mdeyide concerning when a debt is due, specifically that a debt is due when it is immediately claimable or recoverable and…
Applied for the principle that acknowledgment of liability for purposes of s 14 of the Prescription Act is a matter of fact and must cover every element of the…
Court cites this case for the proposition that provisions in the Agreement dealing with prescription oust inconsistent provisions of the Prescription Act in…
Applied by the SCA to determine how a prescriptive period should be computed when the last day falls on a day when the court is closed, and the principle that…
The court applied this case to justify interference with the trial court's award where the trial judge erred in calculation and there was a striking disparity…
Cited for the proposition that rules that limit the time during which litigation may be launched are common in our legal system and serve a purpose to which no…
The court applied the principle that whether or not a statement constitutes an acknowledgement of liability for the purpose of s 14 of the Prescription Act is…
Followed to confirm that the McKenzie definition of 'cause of action' has stood the test of time.
Cited for the trite proposition that an estoppel can only operate against the person making the representation or a duly authorised agent.
Court follows the authoritative ruling that 'road' in the definition of motor vehicle should not be narrowly interpreted to mean 'public road', and adopts the…
The Court cites Engelbrecht as one of four cases in which it considered the constitutionality of time bar provisions and principles regarding opportunity to…
Cited for the proposition that persons over 18 on 1 July 2007 attained their majority on that day, not on the earlier day when they turned 18.
The High Court relied on this case to conclude that allowing an amicus to adduce evidence would create a new substantive right, but this Court distinguished it…
The Court cites this case as additional authority supporting the principle that a person should not benefit from his or her own wrongful act.
Considered and distinguished on the question of whether a rising trend in general damages awards justifies doubling or dramatically increasing prior awards;…
Cited to support that conduct must be judged from the perspective of a reasonable person by its outward manifestations when determining whether waiver occurred.
Cited for the proposition that psychiatric injury is no different from a physical injury.
SCA held that a high court may not use inherent jurisdiction to create a right and that statutory transfer provisions have been given narrow interpretation;…
The court applies Road Accident Fund v Mothupi for the objective test for implied waiver of privilege, which must be judged by its outward manifestations from…
Cited for the principle that prescription raises a constitutional issue implicating section 34 right of access to courts and the rationale for time-bars…
Criticized and later found to be incorrectly decided on the issue of whether child support grants should be deducted from damages for loss of support; the…
Cited to reinforce the standard that an appeal court interferes with damages awards only if they are clearly disproportionate.
Cited for the proposition that there is still no appropriate recognition in our law of the same-sex life partnership as a relationship to meet the legal and…
Cited as a comparable 2003 decision for the quantum of general damages.
Applied to explain that if a claim is submitted after the three-year period specified in s 23(1) has elapsed, it will have prescribed even if submitted before…
The appellant placed strong reliance on this court's decision in Rudman v Road Accident Fund to contend that any loss suffered by the respondent's businesses…
The Court cited this judgment in relation to limiting retrospectivity of constitutional invalidity.
Court cites Mdeyide for expressing doubt on whether an obligation is indeed a debt in terms of the Prescription Act.
Respondent cited this case on when it is in the interest of justice to receive hearsay evidence
Cited for Chief Justice Mason's observation that a barrister's duty to the court involves independent judgment to ensure speedy and efficient administration of…
Cited in support of the proposition that Mphakathi was not an idle, careless or negligent creditor in the context of prescription policy.
Cited as authority for the duty of a driver to reduce speed or stop when vision is impaired.
Cited for the policy consideration that extension of delictual liability may be refused if it imposes an unwarranted additional burden on the defendant.
Cited to explain that in the interests of social certainty and quality of adjudication, it is important that legal disputes be finalised timeously.
Cited to affirm the presumption that trial court's factual findings are correct.
Followed for principles on the interpretation of 'gross irregularity' and 'exceeded its powers' under s 33(1)(b) of the Arbitration Act.
Court applied the principle that a court's inherent power to regulate its own process is not unlimited and does not extend to the assumption of jurisdiction…
Applied in relation to the approach of the Court to a situation of sudden emergency.
Cited for the principle that RAF legislation is social legislation to be interpreted to afford widest possible protection and compensation to third parties.
Cited in support of the rationale for the shorter prescriptive period in unidentified vehicle cases.
The SCA followed the Durban High Court judgment which held that permanent membership of the SANDF in itself was sufficient to constitute rendering military…
Cited for the principle that the legislature is presumed to know the law.
Cited for the justifications for extinctive prescription and the role of time limits in legal certainty and stability.
Cited for the principle that a court is not bound by a party's admission on a legal issue but must bring its own assessment to bear and apply the law.
Cited alongside Slabbert to confirm the requirement of pleading material facts.
Cited for the principle that road accident fund legislation aims to provide the fullest possible protection to victims of road accidents.
Cited for the elements of estoppel, namely a representation relating to a factual position made by words or conduct.
Court cites this case for the proposition that it is undesirable for a person to be both curator and legal representative where earning professional fees might…
Plasket J referred to this judgment in Mfengwana as setting out in very clear terms the position regarding the Contingency Fees Act.
Cited on the test for waiver being objective and that waiver must be shown clearly and unequivocally.
Cited for noting the stated purpose of the RAF Act has always been to give the greatest protection to persons who suffered loss.
The Court cites this case at paragraph 51 for the principle that even if a fee agreement is invalid, this is not a proper basis to deprive legal practitioners…
Applied for the principle that the amendment Act introduced two paradigm shifts: general damages may only be awarded for injuries assessed as 'serious' and…
The Supreme Court of Appeal dismissed the appeal with costs. The court found that the Linksfield test for evaluating expert evidence was not met and that it…
Cited for the proposition that a compromise has the effect of res iudicata.
Followed for the proposition that a claimant seeking compensation under the Road Accident Fund Act has a single, indivisible cause of action and various items…
Cited as a comparative case in which plaintiff was awarded R80 000 (adjusted to R165 000 in 2015) for emotional shock and trauma after observing his wife's…
Distinguished because it found a tacit duty of support based on a same-sex permanent life partnership, whereas in this case there was no consensus for a tacit…
Cited for principle that direct evidence is preferable to expert reconstruction.