NOTE
The limits of liability waivers: Insights from Tourvest Holdings (Pty) Ltd v Murti
Author: Abraham Klaasen
ISSN: 1996-2177
Affiliations: Senior Lecturer, Faculty of Law, North-West University
Source: South African Law Journal, Volume 143 Issue 3, p. 453-472
https://doi.org/10.47348/SALJ/v143/i3a3
Abstract
This note highlights the limits to liability waivers issues arising from the court’s reasoning in Tourvest Holdings (Pty) Ltd v Murti 2026 (3) SA 539 (SCA). The note addresses several issues arising from the judgment, including the role of consensus, the Consumer Protection Act 68 of 2008, constitutional values and public policy considerations in the validity of liability waivers.