Jabulani Bricks (hereafter Jabulani) operates a brick factory.
Kelly-Anne is an employee of Mighty Worx, a construction business (hereafter Mighty).
Mighty is preparing a construction site, adjacent to Jabulani’s premises, for the construction of a new factory.
While working on the site, Kelly-Ann, who is operating Mighty’s excavating machinery, negligently cuts an underground electricity cable supplying electricity to Jabulani.
As a result, Jabulani’s factory comes to a halt.
Due to logistical and other challenges, it takes several weeks for Jabulani’s electricity supply to be restored.
The unscheduled shutdown causes damage to Jabulani’s equipment, necessitating repairs amounting to R300 000.
Jabulani is also unable to meet customers’ demand to supply bricks and Jabulani’s profit drops to R200 000, appreciably lower than the amount of R700 000 it has more or less consistently been able to earn in a similar timespan before the interruption of the electricity supply.
Williams’ Builders, which has recently entered into a longer-term contract (worth R 1 million) with Jabulani, cancels its contract with Jabulani because Jabulani has been unable to fulfil its contractual obligations to Williams’ Builders.
Jabulani’s projected future profit from this contract, after deducting running expenses, was substantial (R600 000).
Explain whether Jabulani Bricks has sustained loss or damage and, if so, what delictual remedy/remedies it may rely upon. If applicable, also indicate briefly how the amount of damages will be determined.
Leave a Reply