KVV Inc. Attorneys

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

KVV Inc Attorneys

Published on: 04/03/2025

A recent South African court case highlights the principle of "unjustified enrichment." To claim unjustified enrichment, one must prove the recipient was enriched at your expense, you were impoverished, and the enrichment was unjustified. The court emphasized that once the couple admitted receiving the money without legal basis, they had to prove they repaid it.

Delict and Civil Claims

Landlord Liable for a Tragic “Freak” Flood Drowning

KVV Inc Attorneys

Published on: 04/03/2025

A recent South African High Court case highlights the legal risks faced by property owners renting accommodation. A family's holiday turned tragic when a "freak" flood swept away their toddler. Despite the owner's claims of unforeseeability and disclaimers, the court ruled that the possibility of flooding was foreseeable, and the owner's failure to take protective measures constituted negligence.

Delict and Civil Claims

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

KVV Inc Attorneys

Published on: 04/03/2025

Exemption clauses are crucial for businesses seeking to limit liability. Businesses should ensure their contracts clearly outline the extent of any exemptions, as any ambiguity could be detrimental. Customers should carefully review contracts and consider appropriate insurance coverage.

Delict and Civil Claims

How to Stop Someone Damaging Your Good Name on Social Media

KVV Inc Attorneys

Published on: 04/03/2025

Online defamation can severely damage reputations, impacting both individuals and businesses. Legal recourse is available, and courts act swiftly in such cases. While damages claims address past defamation, interdicts offer immediate protection against ongoing attacks. A recent High Court case saw a property developer successfully interdict a roofing contractor's false and defamatory online campaign, which included accusations of fraud and safety violations.

Delict and Civil Claims

Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

KVV Inc Attorneys

Published on: 04/03/2025

Consequential loss, an indirect result of an insured event, is often excluded from insurance coverage. A recent court case highlighted this issue when a transport company, despite having goods-in-transit insurance, was held liable for consequential loss (loss of profit) due to damaged goods. The insurer refused to pay, as the policy excluded consequential financial loss. The court determined the loss was foreseeable, leaving the transport company to pay the substantial damages claim out of pocket

Delict and Civil Claims

A “Running Down” Damages Claim – Elite Athlete v Happy Snapper

KVV Inc Attorneys

Published on: 04/03/2025

During a "Ladies Race" in Sea Point, Cape Town, an elite runner collided with a pedestrian, causing serious injuries. The pedestrian sued the runner and race organizer for R718,000. The court found the runner negligent for not paying sufficient attention to her surroundings, as she was focused solely on winning. However, the pedestrian was deemed 70% contributorily negligent, as she was aware of the race and had been warned about runners. The race organizer was cleared of negligence. The pedestrian was awarded 30% of proven damages.

Delict and Civil Claims

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships, Driving Results.

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.