oa De Rebus - Limitations on liability in delict : case note

Volume 2014, Issue 540
  • ISSN : 0250-0329



In (SCA) (unreported case 751/12, 26-11-2013) (Brand JA) the Supreme Court of Appeal (SCA) was confronted with a claim brought in delict by the appellant, Country Cloud Trading CC, that was a stranger to a contract concluded between the respondent and another party (Ilima). The appellant claimed that it had suffered damages as a direct consequence of the repudiation or unlawful cancellation by the respondent of its contract with Ilima and, in consequence thereof, claimed that it was entitled to compensatory damages from the respondent. Such a claim is, as far as I am aware, novel. Brand JA, who delivered the unanimous judgment of the court, dismissed the claim.

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