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Posted in Case reports, South Africa

South Africa: Drake a redefining judgment on breach of mandate and contractual damages

In a precedent setting judgment, the Supreme Court of Appeal in Drake Flemmer & Orsmond Inc & Another v Gajjar NO [2017] ZASCA 169 (1 December 2017) pronounced on the principles applicable in respect of assessment of contractual damages arising from breach of mandate by an attorney.

The court had to determine at what date damages against the attorneys for professional negligence should be assessed.

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