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ARTICLE · 23 JULY 2012

Position‚ Position‚ Position: A Critical Look At Disclaimer Notices

Webber Wentzel
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The importance of disclaimer notices at shopping centres came under the spotlight in recent personal injury cases.

South AfricaLitigation, Mediation & Arbitration
Elsa Jordaan Malan
Elsa Jordaan Malan

The importance of disclaimer notices at shopping centres came under the spotlight in recent personal injury cases. In Hanson v Liberty Group Limited and Others [2012] JOL 28202 (GSJ) (Hanson) and the unreported judgment of Niemand v Old Mutual Investment Group Property Investment (Pty) (Ltd) (Niemand), the Courts considered whether the positioning and wording of disclaimer notices were adequate to relieve the defendants of liability for damages sustained by the respective plaintiffs.  

In both cases the positioning of the disclaimer notices were found to be inadequate, however, the judgments confirmed that the legal principles relating to disclaimer notices remain unchanged.  

In contrast, in Naidoo v Birchwood Hotel [2012] JOL 28826 (GSJ), the court questioned the constitutionality of disclaimer notices.  

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