AFROX_HEALTCARE_BPK_V_STRYDOM summary.pdf - AFROX HEALTCARE BPK V STRYDOM 2002(6 SA 21(SCA SUMMARY Is an exemption clause that indemnifies a hospital's

AFROX_HEALTCARE_BPK_V_STRYDOM summary.pdf - AFROX HEALTCARE...

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AFROX HEALTCARE BPK V STRYDOM 2002(6) SA 21 (SCA) __________________________________________________________________________________ SUMMARY ______________ ______________________________________________________________ Is an exemption clause that indemnifies a hospital's nursing staff against liability for negligence valid and enforceable? The Afrox Healthcare relied on the admission document signed by Mr Strydom during admission to Afrox Healthcare’s hospital that contained an exemption clause that absolved the hospital and/or its employees and/or agents from all liability and indemnified them from any claim instituted for damages or loss flowing directly or indirectly from any injury or any illness, except only with the exclusion of the intentional omission by the hospital, its employees or agents. It was contended on behalf of Mr Strydom that the exemption clause was a) contrary to the public interest, b) in conflict with the principles of good faith, and c) that the admission clerk had a legal duty to draw his attention to the relevant clause which was not done.
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