by Guthrie Colananni Attorneys | Mar 29, 2022 | Delict and Civil Claims, Property
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability....
by Guthrie Colananni Attorneys | Mar 29, 2022 | Delict and Civil Claims
“Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that the extent...
by Guthrie Colananni Attorneys | Nov 25, 2021 | Delict and Civil Claims
“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises are ‘reasonably safe’ for those members of the public who might frequent them …...
by Guthrie Colananni Attorneys | Aug 26, 2021 | Delict and Civil Claims
“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many...
by Guthrie Colananni Attorneys | Jul 27, 2021 | Delict and Civil Claims, Employment and Labour Law
“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if...
by Guthrie Colananni Attorneys | Apr 25, 2021 | Delict and Civil Claims, Property
“Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners who let out accommodation to...
