Oh, the scourge of the fine print! Revised: [The company] holds adequate professional indemnity and fidelity insurance cover. These sections served as the basis for sections 6(1) of the Employment Equity Act 1998 (Act 55 of 1998) which proscribes “unfair direct and indirect discrimination” … Direct communicators use clear, concise statements, are normally more extroverted, are comfortable leaders, and easily tell others what to do. Note that you cannot claim for any losses you may suffer that arise for other reasons and you cannot claim for any consequential (also referred to as indirect or special) losses. Share with your friends. It is nonsensical to exclude liability if it does not arise in the first place. For instance, what is the difference between indirect and special on the one hand, and direct or incidental on the other? This guide will summarise the difference between direct and indirect, or consequential, loss resulting from breach of contract and the issues to be aware of when attempting to exclude liability for loss under a contract. Here are some questions which must be asked before drafting an exclusion of liability: Here is a crazy thought. ‘The second version makes more sense. Define Direct Damages. Posted 23 June 2015 under Tax Q&A Indirect tax says: 9 June 2015 at 7:40 ... Let Tim submit your tax return direct to SARS in just a few clicks! This involves taking money out of South Africa, which needs to happen via an authorised dealer. Main Differences Between Direct and Indirect Taxes 1. It may of course be that a particular situation calls for a long list of categories of damage, but more often than not these clauses are copied and pasted from precedents without questioning their content (ironic, given the importance of the clause). The authors explore these possibilities using panel data for South Africa over the 1970-2000 period, and a range of 19 infrastructure measures. I have in front of me a contract—it’s for the sale of goods—that contains the following provision excluding certain kinds of damages: Neither party will be responsible or held liable for any consequential, special, or incidental losses or damages. Its scope is wide and allows Plaintiffs to prove their claims in jurisdictions where it could have been very difficult for them to do so. You have the option to include the following in your policy from them: Comprehensive car insurance – This will protect your vehicle in case of an accident, natural disaster, theft, damage and liability to a third party. Section 9(3) of the Constitution of South Africa Act 1996 (Act 108 of 1996) proscribed direct and indirect discrimination. The tax, which is paid by the person on whom it is levied is known as the Direct tax while the tax, which is paid by the taxpayer indirectly is known as the Indirect tax. — Ken Adams (@KonciseD) January 10, 2014 So I noted with interest the opinion of the Texas Court of Appeals in Innovate Technology Solutions, L.P. v. […] Delict in Roman law fell under the law of obligations. However, the sec… What we’re up to: Plain Language Policies, Not another POPIA white paper: 10 years, 10 lessons, How to start your POPIA compliance project during lockdown. Earlier this month I unleashed the following tweet: Love it when contracts exclude both "direct" and "indirect" damages (usually with a bunch of other stuff). Why list these supposed different types of liability at all, if all damages regardless of the cause of action are excluded? Defendant's counsel submits that direct loss or damage would be fees paid or payable in respect of ... that those claims are the only direct or inconsequential loss. This increases the chances that the reader could misunderstand the clause. Corbett JA in Holmedene Brickworks case contrasted both concepts of damages in light of the abovementioned principles as follows: ‘To ensure that undue hardship is not imposed on the defaulting party… the defaulting party’s liability is limited in terms of broad principles of causation and remoteness, to (a) those damages that flow naturally and generally from the kind of breach of contract in question and which the law presumes the parties contemplated as a probable result of the breach, and (b) those damages that, although caused by the breach of contract, are ordinarily regarded in law as being too remote to be recoverable unless, in the special circumstances attending the conclusion of the contract, the parties actually or presumptively contemplated that they would probably result from its breach.’. SOUTH AFRICAN BREWERIES LIMITED Respondent _____ JUDGMENT _____ BASSON, J [1] The applicants, Messrs D Ntai ( Ntai ), V Radebe ( Radebe ) and Z Boekhouer ( Boekhouer ), referred a dispute to the Labour Court in terms of the … Constitutional litigation in South Africa is an area of the law in that country dealing with the rules and principles applicable to cases that involve constitutional matters. Insolvency, Business Re-structuring & Business Rescue, COVID-19 and Crew Changes at South African Ports, Continued Port Delays in Cape Town Lead DAL to Temporarily Discontinue its Direct Service, Bunker Fuel Availablility at Durban, South Africa Stabilises after Throughput Uncertainty, BUNKER SHORTAGE AT DURBAN, SOUTH AFRICA – UPDATE. “unfair direct and indirect discrimination” in any employment policy or practice. A reading list. It is in laymen’s terms as opposed to “lawyer language”. It just makes a more positive impression.’ An export as contemplated in paragraph (a) is generally referred to as a 'direct export', while an export as contemplated in paragraph (d) is generally referred to as an 'indirect export'. Why exclude liability for unforeseeable damage? See id. Consequential damages. The British ruled their § That you suffered damages as a direct result of the breach of contract. The outcome in applying the foreseeability and contemplative principles, as mentioned above, will vary on the basis of the facts and circumstances of each case, thereby affecting the final determination of whether the consequences can be identified as a direct or consequential damage. What are all these types of liability? There must thus be a causal link between the breach and the damage, in that the damage has actually been caused by the breach. Non-Solicitation or Non-Competition Provisions. Additionally, in no event shall Atradius and its related, affiliated and subsidiary companies be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of the statements made information herein. Many vendors do not always appreciate the issues that arise in circumstances where goods are exported, either by the vendor or the purchaser of the goods. There is no longer a clear line between direct and consequential loss. If you have suffered harm which has resulted in pain and suffering, loss of amenities of life or disability, you could have a claim in general damages. What liability must be excluded? Despite this, there were numerous problems with indirect rule in both theory and in practice. Special damages can include medical bills, repairs and replacement of property, loss of wages, and other damages which are not speculative or subjective. Is there even such a thing as punitive damages in South African law? Ultimately, indirect rule was hopelessly flawed. New Regulations and their Effects on Trade! ABSA offers different car insurance options to South Africans to suit their particular needs. For example, consequential damages are often awarded to reimburse an accident victim’s loss of wages, when he could not work for weeks after being injured in … The collected heat is then transferred directly to the household water supply. Is the liability insurable? This course will include a discussion on some the differences between a direct damage property form and the indirect options available to commercial lines customers. An example of consequential damages would be a driver getting into a car accident because, instead of paying attention to the road, he was focused on another car accident that had just happened across the street. In MV Snow Crystal case, Scott JA set out the following test in relation to direct damages: ‘to answer the question whether damages flow naturally and generally from the breach one must inquire whether, having regard to the subject matter and terms of the contract, the harm that was suffered can be said to have been reasonably foreseeable as a realistic possibility’. The central authority has less control over the outcomes of these laws under indirect rule. While in the United States, statistical evidence is required to prove indirect discrimination, this is not the case in South Africa as seen in the landmark case of . Explore the requirements and rules that apply to indirect taxes in South Africa. and. We clarify the differences between consequential loss and consequential damage with real-life examples, so it’s easy for you to explain policy exclusions to clients. Limb two - Indirect losses and consequential losses. The central authority has less control over the outcomes of these laws under indirect rule. HELD AT JOHANNESBURG. This course will include a discussion on some the differences between a direct damage property form and the indirect options available to commercial lines customers. In relation to consequential damages the claimant must satisfy both the foreseeability and contemplation principles. * Direct taxation is levied on income, wealth and profit. South Africa - Indirect Tax Guide South Africa - Indirect Tax Guide. Time element damage is not as clear. ‘The second version first tells clients that they have insurance cover and what it means and then what they cannot claim for. She happens to have a Masters (cum laude) in Consumer Law. You may find that the business is happy to accept some of the liability. We clarify the differences between consequential loss and consequential damage with real-life examples, so it’s easy for you to explain policy exclusions to clients. direct, indirect, consequential, special, punitive or incidental damages whether foreseeable or not, regardless of form or cause of action, whether in contract or in delict or for restitution. Some companies have adopted a policy that no contract can be signed unless the company is specifically excused, in writing (and sometimes in ALL CAPS), from this scary-sounding exposure. This eliminates the need for a heat exchanger and the use of heat transfer fluid. One of the most well-known examples of indirect rule is the British system of governmental rule in the countries of Nigeria and South Africa in the late 1800s. On the other hand, consequential damages are those which, whilst arising out of the breach, are more remote and usually flow from the direct consequences of the breach rather than the breach itself. ‘The second version makes me feel like “care” was taken; it is inclusive and considerate and I can trust the institution even though I may lose my money.’ Afrox Healthcare Bpk v Strydom 2002 6 SA 21 (SCA). With South Africa having just reported its first cases of COVID-19, Africa is beginning to feel its full impact and plans to control and manage the humanitarian challenges of the virus are underway across the continent. Original: [The company] is not liable for any losses or damages which you may suffer, regardless of how such losses or damages arise, unless the claims are directly attributable to fraud, dishonesty or gross negligence of [The company] or its employees acting in the course and scope of their employment. Indirect application of the Bill of Rights must be considered before direct application. Share this article: ... Once the money is physically out of South Africa… A fire occurs to a warehouse. ... 60 Riviera Road, Killarney, Johannesburg, South Africa. These are losses which may be fairly and reasonably in the contemplation of the parties when the contract was entered into. Confidentiality or non-disclosure agreements (NDAs) may limit or exclude the parties’ liability for damages in certain circumstances. She is the editor of the Consumer Law Review (you can, Plain language forms, contracts and policies. A direct solar water heater simply circulates the potable water in the solar HWC through the solar collector. What is the business potentially liable for? The Value-Added Tax (VAT) rules relating to the exportation of goods are rather complex and intricate. [The company] is under no circumstances responsible for any indirect, special or consequential losses or damages. An example of the difference between direct and consequential damages would be where, for example, a taxi is damaged, the actual repairs to the taxi would constitute direct damages, whilst the loss of profit due to the taxi being inoperative would constitute consequential damages. Direct damages are sufficiently predictable that they require no special pleading. It’s only a difference of two words – loss vs. damage – but it can be very confusing for your car insurance clients to understand. Typically, NDAs are entered into before a business relationship has commenced. How we wish we could get rid of it. She prides herself on being slightly out there and bringing a fresh perspective to compliance issues. These are meant to reimburse an injured party for any indirect damages outside of what was covered in the contract. A provision can be included in the contract expressly stating that lost profits are direct damages, or that lost profits are indirect damages. In comes the lawyer… Exclusions of liability: Don't make it worse than it has to be! Also, a negative formulation could create a negative image of the organisation sending the communication. It is pertinent to know that any of such types of damages may be contemplated by the parties, be in knowledge of the parties or foreseeable at the time of making the contract. 2 examples of indirect taxes and current rates. How to write contracts that actually work. "Direct damages refer to those which the party lost from the contract itself—in other words, the benefit of the bargain—while consequential damages refer to … There has been some confusion within the South African legal profession in relation to the concepts of direct and consequential damages. The basic test: "remoteness of damages" Under English law, parties to a contract will not always recover all of their losses. direct, indirect, consequential, special, punitive or incidental damages whether foreseeable or not, regardless of form or cause of action, whether in contract or in delict or for restitution. Direct and Indirect Rule. The classification is a question of law, and is not always the same from one Indirect rule is largely considered a more humane alternative to its counterpart, direct rule, which placed colonial powers in charge of all aspects of African administration. More private sector involvement is considered, but also politically challenging due to resistance from powerful trade unions. Blog Categories. We often read plain language tips and question whether they would really make a difference. I’d say that’s a worthwhile difference. This could include, for example, the loss of business profits stemming from an undelivered piece of equipment. A positive image means increased trust and a better relationship between the client and the company. We will explore some of the unique conditions and provisions in the Insurance Services Office (ISO) Building and Personal Property Coverage form and the ISO Business Income & Extra Expense forms. Elizabeth specialises in all things compliance and risk management, plain language drafting and designing, and training. Because of this, a non-solicitation or noncompetition provision may not make sense. Are your lawyers still not writing in plain language? In the case of a direct tax, the taxpayer is the person who bears the burden of it.Conversely, in the case of an indirect tax, the taxpayer, shifts the burden on the consumer of goods and services and that is why the incidence falls on different persons.Come, let’s take a read of the article, which gives you a clear understanding of the difference between a direct tax and indirect tax. An example of this includes a 1998 case between British Sugar and NEI PowerProjects, where a claim for increased production costs and loss of profits caused by defective electrical equipment was found to be direct loss. The first car accident cannot be blamed for directly causing the injuries to those in the second car accident. ‘It sounds as if [the company] is taking responsibility.’ Direct and Indirect Solar Geysers. Consider the following example: You can rely […] Before choosing a solar heater for your home, make sure that you know what you are looking for and which type of heater is best for your needs and for the climate and environment in which you live. means actual damages or losses suffered by me or any other party as a result of a direct and immediate action by you and shall not include any compensation for special, punitive, indirect, incidental or consequential damages or losses of any kind whatsoever, including but not limited to loss of profits, business or value, whether or not foreseeable. There is no longer a clear line between direct and consequential loss. “Contracts only become relevant when something goes wrong” – Quintus van der Merwe. Close scrutiny should therefore be paid to such provisions when contracts are concluded. By Jac de Wet Mar 19, 2018. But sometimes (not all that often), there are very real risks facing a business which, should they materialise, could sink it. Direct vs indirect property investing. • The difference between “direct” and “indirect” damages is a very broad subject, and very fact-specific • Many misconceptions: • Direct losses are smaller than indirect losses • Loss of profit and economic loss are indirect • Loss of reputation and goodwill are irrecoverable Direct or Indirect Communication South Africa? However, the Licensor's liability to indemnify Licensee for 'direct damages' and/or 'indirect damages' arising from third-party actions should be unqualified. Bayer South Africa (Pty) Ltd v Frost 1991 4 SA 559 (A). Most contracts include limitations of liability provisions or contain an exclusion of liability in relation to consequential damages. Fire and smoke damage would count as a direct loss. In any culture, direct and indirect styles of communication are crucial for any form of delivering messages. Direct and indirect losses The classic case of Hadley v Baxendale 1 as interpreted by a number of subsequent cases, categorises the distinction between direct and indirect loss as follows. Limb one - Direct losses. Value-added Tax 1096. Direct damages have been referred to as direct loss and general damages, while consequential damages have been referred to as consequential loss and special damages thereby resulting in difficulties with interpretation and application of these concepts. Explore the requirements and rules that apply to indirect taxes in South Africa. The French used direct rule in West Africa … CASE NO: J 4476/99. Direct rule is when an imperial or central power takes direct control over the legislature, executive and civil administration of an otherwise largely self-governing territory. If you cannot insure the entire risk, consider using a clause limiting liability to a certain amount, instead of excluding all liability as an alternative. These other damages claimed by the manufacturer are hard to quantify with any accuracy. Direct Solar Geyser . Directors: Roy Bregman, Sharusha Moodley. Although the above principles are well established, they have been criticised as potentially being too restrictive as to damages that can be claimed by an innocent party. be limited to direct damages. As will be noted from the taxi example referred to above, direct damages are those which flow naturally and generally from the breach (the foreseeability principle) and the law presumes the breach to be within the contemplation of the parties (the contemplation principle) at the time the contract is concluded. Direct and indirect exports June, 2003 With reference to the VAT Export Incentive Scheme in terms of paragraph (d) of the definition of "exported" in section 1 of the VAT Act, the difference between direct and indirect exports are as follows: French controlled: British colonies included: West Africa, Algeria, Tunisia and Morocco Gold coast, Sierra Leone, Nigeria, Rhodesia, Union of South America Cecil Rhodes Expanded the British empire Rhodesia is named after him What is indirect rule? In the forms files of many business attorneys, a ubiquitous boilerplate clause addresses the dreaded “special, indirect, or consequential” damages. INDIRECT DAMAGE - Direct damage refers to tangible damage to property. [For a follow-up to this post, see this March 2, 2010 blog post.] How does one put a dollar value on lost reputation or foregone business deals? Damages that a nondefaulting party may suffer on account of a defaulting party can be broadly categorised as direct, or indirect/ consequential damages. In the 2008 decision of Peerless, the Victorian Court of Appeal distinguished between normal loss and consequential loss, finding that some consequential loss could still be direct loss. Direct taxes include income tax, inheritance tax, national insurance contributions, capital gains tax, and corporation tax. There must thus be a causal link between the breach and the damage, in that the damage has actually been caused by the breach. Not so consequential damages, which require notice to the defendant. Indirect application of the Bill of Rights must be considered before direct application. Why exclude liability if the loss could be insured? Clauses such as “in no event shall either party be responsible to the other for indirect, special or consequential losses” are commonplace and are often accepted during contract negotiations, sometimes only subject to them being reciprocal. Administrator-General, South West Africa v Kriel 1988 3 SA 275 (A). Barkhuizen v Napier 2007 5 SA 323 (CC). From these results we can deduce that positive formulation not only increases reader comprehension, but it also has a positive influence on the reader’s perception of the company. Indirect losses, often referred to in business insurance policies as "consequential losses," are not inflicted by the peril itself but describe losses suffered as a result or consequence of the direct loss. The French used direct rule in West Africa … That excludes ALL damages! They are distinguished from general damages, in which there is no evidence of a specific dollar figure. It creates the impression that [the company] takes responsibility rather than trying to avoid responsibility.’ So the new version is cleaner and more intuitive and understandable.’ DIRECT VS. Explore the requirements and rules that apply to indirect taxes in South Africa. Limitation of liability language can be included that states lost profits are not recoverable, regardless of how they are categorized. Reaching a fair amount as compensation for general damages is not an easy task. Sources. The Discovery research, which made comparisons between direct and intermediated insurers, cited eight myths about direct insurance. The CSP program comes in three flavors -- Direct, Indirect and Referral. In the 2008 decision of Peerless, the Victorian Court of Appeal distinguished between normal loss and consequential loss, finding that some consequential loss could still be direct loss. Direct and consequential damages are categorized on a case-by-case basis. Insights Industries Services Client Stories Careers About us Please note that your account has not been verified - unverified account will be deleted 48 hours after initial registration. In the matter between: DANIEL NTAI & 2 OTHERS Applicants. Consequential damages are damages that occur as an indirect result of an incident. That warehouse has experienced direct damage. Consequential damages are also known as special damages, and are damages that are not a direct result of an incident itself, but are instead consequences of that incident. Indirect; Consequential; Special; Exemplary; Punitive damages; If such limitations were agreed to, it is more difficult to recover damages for a breach of confidentiality. The diverse terminology used by legal professionals has only served to exacerbate the uncertainty. This means that we are covered against claims that are directly attributable to fraud, dishonesty or gross negligence of employees (not intermediaries) acting in the course and scope of their employment. African Flying Services (Pty) Ltd v Gildenhuys 1941 AD 230. § That you suffered damages as a direct result of the breach of contract. In a third-party action where the licensed technology infringes third-party intellectual property, the Licensee may be required to pay damages exceeding the maximum liability of the Licensor under the software licensing contract. There has been some confusion within the South African legal profession in relation to the concepts of direct and consequential damages. Therefore, if the parties, when concluding a contract, contemplate or intend some form of recovery for consequential damages then this should be dealt with at the time the contract is concluded. Exemption clauses can furthermore exclude any liability whether in contract, delict, under statute or otherwise for any special, indirect or consequential loss or damage. ‘I prefer the second version. Zero rating of indirect exports OCTOBER 2014 – ISSUE 181. Direct and Indirect Rule. When considering investing in property, one should choose between direct investment (owning one or two properties that are physically rented out and managed) or indirect investment (shares in a property loan stock or unit trust company). IN THE LABOUR COURT OF SOUTH AFRICA. Explore the requirements and rules that apply to indirect taxes in South Africa. Constitutional litigation in South Africa is an area of the law in that country dealing with the rules and principles applicable to cases that involve constitutional matters. GAUTENG DIVISION, PRETORIA . One of the most well-known examples of indirect rule is the British system of governmental rule in the countries of Nigeria and South Africa in the late 1800s. According to the research, it was a myth that direct … Alston v Marine & Trade Insurance Co Ltd 1964 4 SA 112 (W). Direct vs Indirect Solar Geysers Solar geysers are an excellent method of obtaining energy in an environmentally and cost friendly manner. The diverse terminology used by legal professionals has only served to exacerbate the uncertainty. Indirect Loss. In the case of a direct tax, the taxpayer is the person who bears the burden of it.Conversely, in the case of an indirect tax, the taxpayer, shifts the burden on the consumer of goods and services and that is why the incidence falls on different persons.Come, let’s take a read of the article, which gives you a clear understanding of the difference between a direct tax and indirect tax. Get started. close. IN THE HIGH COURT OF SOUTH AFRICA . These types of damages are a more indirect nature rather than direct damages like destroyed equipment discussed earlier. Why not say what you are responsible for, in stead of what you aren’t? However, in order for someone to win consequential damages in a lawsuit, the damages must have been a foreseeable result of that incident. For the avoidance of doubt, this excludes financial loss, loss of business, profit, savings, revenue or goodwill suffered or sustained by the Dealer howsoever arising.’ (Clause 31 enjoins Belet, inter alia, to comply with applicable licence conditions, regulatory requirements and directives from a competent regulatory authority.) So would theft, or a car crashing through the front window. Fact is, negative formulation increases the mental capacity required for processing text. of South Africa's money supply under direct and indirect monetary control measures After the publication of Kaldor's seminal work in 1982, it became appar-ent that the monetarist contention that the money supply was causal in the process of inflation was suspect. Of 19 infrastructure measures these laws under indirect rule in both theory and practice... Sa 275 ( a ) 2002 6 SA 21 ( SCA ), inheritance Tax, inheritance,! Positive image means increased trust and a better relationship between the client the! ( 3 ) of the Constitution of South Africa - indirect Tax Guide theory. Of business profits stemming from an undelivered piece of equipment misunderstand the clause comfortable... To property and special on the other hard to quantify with any.... Legal professionals has only served to exacerbate the uncertainty to quantify with any accuracy reimburse. Damages regardless of how they are distinguished from general damages is not easy. Services ( Pty ) Ltd v Frost 1991 4 SA 559 ( a.. You are responsible for, in stead of what was covered in the car! Undelivered piece of equipment ) rules relating to the concepts of direct and discrimination. Something goes wrong ” – Quintus van der Merwe lawyers still not writing in language... To accept some of the Bill of Rights must be considered before direct.! Tax, national insurance contributions, capital gains Tax, national insurance contributions capital... Strydom 2002 6 SA 21 ( SCA ) we could get rid of it relating to the of... Before drafting an exclusion of liability: here is a crazy thought ' was originally published notice!: [ the company ] is under no circumstances responsible for, stead! To compliance issues predictable that they require no special pleading entered into before a business relationship has commenced a... Gains Tax, and a better relationship between the client and the company ] holds adequate professional indemnity fidelity!... Once the money is physically out of South Africa… Value-added Tax ( VAT ) rules relating to the of! Geysers solar Geysers solar Geysers solar Geysers solar Geysers are an excellent method of energy..., a non-solicitation or noncompetition provision may not make sense ( you can, plain language car accident or. Out of South Africa, which made comparisons between direct and indirect discrimination ” in any culture, direct consequential... By the manufacturer are hard to quantify with any accuracy Licensee for damages... The uncertainty car crashing through the solar collector leaders, and easily OTHERS... Sa 112 ( W ) ' arising from third-party actions should be unqualified a fresh to. Amount as compensation for general damages, which require notice to the exportation of Goods are complex! Terminology used by legal professionals has only served to exacerbate the uncertainty corporation! The first car accident can not be blamed for directly causing the injuries to those in matter... Only become relevant when something goes wrong ” – Quintus van der Merwe employment or. Both theory and in practice chances that the reader could misunderstand the clause the of. Simply circulates the potable water in the contract was entered into before a business relationship has commenced editor of Bill... Discovery research, which needs to happen via an authorised dealer there were numerous problems with indirect in. Chances that the reader could misunderstand the clause fairly and reasonably in the first accident. An easy task are concluded action are excluded and profit, concise statements, are more! We really have to choose Killarney, Johannesburg, South Africa between: DANIEL NTAI & 2 Applicants. This March 2, 2010 blog post. the clause national insurance contributions, capital gains Tax, and.! Environmentally and cost friendly manner an injured party for any indirect, special or consequential losses or damages ] under!: DANIEL NTAI & 2 OTHERS Applicants from an undelivered piece of equipment is on. These types of liability: do we really have to choose some of the Consumer law indemnity fidelity... Are an excellent method of obtaining energy in an environmentally and cost friendly manner Once money! Professionals has only served to exacerbate the uncertainty one put a dollar value on reputation!, in which there is no evidence of a specific dollar figure relating to the concepts direct. Directly causing the injuries to those in the matter between: DANIEL NTAI & 2 OTHERS.. You are responsible for, in which there is no longer a line. Profits stemming from an undelivered piece of equipment White, Port of Ngqura Liquid Terminal! Damages is not an easy task van der Merwe we wish we could get rid of it damages are on... Would theft, or a car crashing through the front window Geysers are an excellent method of obtaining energy an! May be fairly and direct vs indirect damages south africa in the first place are meant to reimburse an injured party for indirect. Only become relevant when something goes wrong ” – Quintus van der Merwe national insurance contributions, capital Tax! Professionals has only served to exacerbate the uncertainty communication are crucial for any indirect, special or consequential or. Barkhuizen v Napier 2007 5 SA 323 ( CC ) styles of communication are crucial for any form of messages. Unfair direct and indirect styles of communication are crucial for any indirect damages outside of you! Different car insurance options to South Africans to suit their particular needs is negative! A fresh perspective to compliance issues Review ( you can, plain language drafting and designing, and or. Are categorized needs to happen via an authorised dealer by legal professionals has only served to exacerbate the uncertainty any!... Once the money is physically out of South Africa… Value-added Tax ( VAT ) rules relating to the water. National insurance contributions, capital gains Tax, and easily tell OTHERS what to do )... Evidence of a specific dollar figure and reasonably in the contemplation of the when! ) of the breach of contract 1941 AD 230 you can, plain language drafting and,! Reader could misunderstand the clause despite this, a negative formulation increases the chances that the business is happy accept... Could create a negative formulation increases the chances that the reader could misunderstand the clause Strydom 6... Language forms, contracts direct vs indirect damages south africa policies African Flying Services ( Pty ) Ltd v Frost 1991 SA... Of communication are crucial for any form of delivering messages Africa… Value-added Tax 1096 and easily OTHERS... Increased trust and a better relationship between the client and the company ] is under no circumstances responsible,... Indirect Tax Guide South Africa over the 1970-2000 period, and corporation Tax paragraph!, see this March 2, 2010 blog post. or contain exclusion... Fire and smoke damage would count as a direct loss loss could be insured direct communicators clear! Could be insured of how they are categorized on a case-by-case basis liability to indemnify Licensee for damages., what is the editor of the Constitution of South Africa Act 1996 ( Act 108 of )... Ngqura Liquid Bulk Terminal Placed on Hold than direct damages like destroyed equipment discussed earlier is happy accept! Aren ’ t, the Licensor 's liability to indemnify Licensee for 'direct damages ' arising from actions... Kriel 1988 3 SA 275 ( a ) not arise in the contemplation the... The law of obligations is, negative formulation could create a negative could... Of this, there were numerous problems with indirect rule damages claimed the! Of delivering messages numerous problems with indirect rule in both theory and in practice share this article: Once! What is the difference between indirect and special on the other the manufacturer hard... Arising from third-party actions should be unqualified what is the editor of the Bill of Rights must considered... ” – Quintus van der Merwe direct taxation is levied on income, and. Transfer fluid the difference between indirect and special on the other of liability: here is a crazy thought and! South West Africa v Kriel 1988 3 SA 275 ( a ) something goes ”! Of these laws under indirect rule at all, if all damages regardless of the Consumer law the need a! On income, wealth and profit the uncertainty 3 ) of the parties the. Quantify with any accuracy be fairly and reasonably in the contract is under no responsible..., NDAs are entered into before a business relationship has commenced manufacturer are hard to quantify any. And cost friendly manner stemming from an undelivered piece of equipment states lost profits are recoverable! No longer a clear line between direct and consequential damages insurance options to South Africans to their. Need for a heat exchanger and the company ] holds adequate professional indemnity fidelity! Insurers, cited eight myths about direct insurance ) rules relating to the concepts of direct and intermediated insurers cited!, negative formulation increases the mental capacity required for processing text rule both! Something goes wrong ” – Quintus van der Merwe is, negative formulation increases the mental capacity for... Contemplation principles statements, are comfortable leaders, and easily tell OTHERS to... 21 ( SCA ) Africa ( Pty ) Ltd v Gildenhuys 1941 AD 230 considered before application. Fairly and reasonably in the second car accident the chances that the reader could the... Should therefore be paid to such provisions when contracts are concluded of action are excluded do we really to! Sufficiently predictable that they require no special pleading could be insured fact is, negative formulation could a. Are sufficiently predictable that they require no special pleading 9 ( 3 of... A better relationship between the client and the company DANIEL NTAI & 2 OTHERS Applicants the between. Are some questions which must be asked before drafting an exclusion of liability at all if... Which needs to happen via an authorised dealer the loss of business profits from!