Advertise Newsletter Sign-up Contact

Home » Latest » terms and conditions

Tag: terms and conditions

Liability is a condition precedent to trigger invocation of an exclusion clause

Recently, the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20, was called upon to determine the tension between exclusion clauses and public policy in the context of theft committed by an employee…

Provided By Eversheds Sutherland

by Ayanda Nondwana

Is failure to adhere to insurance policy conditions always problematic?

Introduction It is almost impossible to think of an insurance policy that does not have any conditions and/or warranties. Most insurance policies, if not all, have various conditions and warranties which, if not adhered to, may lead to a lawful rejection of one’s…

Provided By Adams & Adams

by Mtho Maphumulo

The implications of open finance on data protection

What is open finance? Open finance is an extension of open banking. Open banking is a practice that allows third party service providers access to consumers’ financial...

by Tyron Fourie

Does a duty to disclose to your insurer cease? If so, when?

The parties to an insurance contract all have a legal duty to disclose all material information. This sounds simple enough, however, this is not so...

by Mtho Maphumulo

A minor entering into a contract

Introduction A minor has limited legal capacity and cannot hold some of the offices of a legal subject. A minor can generally incur contractual liability if...

by Robyn Shepherd

Are you underinsured? A nasty little insurance principle may just come back to bite you.

Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Principle...

by Jean-Paul Rudd

The devil is in the details of an insurance contract

A few media houses have recently reported that Mr. Erlo Goshai, a Cape Town motorist, has warned motorists to “read the fine print when entering...

by Jean-Paul Rudd

What is the effect of a restraint of trade clause when a business is sold?

A client asked if she is bound by the restraint of trade undertaking contained in her employment contract when her employer sold the business as...

Failure to follow a cancellation clause in a contract

A party who fails to follow a contractually prescribed cancellation procedure does so at its peril. In the Supreme Court of Appeal (‘SCA’) case of Datacentrix...

Policyholders who fail to perform regular maintenance risk their insurance claims being rejected

Insurance policies often contain clauses requiring policyholders to take reasonable steps to maintain an insured object. The reason therefore is quite simple – the purpose...

by Jean-Paul Rudd

Page 4 of 10« First «...2 345 6...10...»Last »