In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg. The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.
Category Archives: Delict and Civil Claims
Consumer Law, Delict and Civil Claims
Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back
02
Mar
Mar
You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?