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Afrox Healthcare v Strydom
''Afrox Healthcare Ltd v Strydom'',〔2002 (6) SA 21 (SCA).〕 an important case in South African contract law, was heard in the Supreme Court of Appeal (SCA) on May 13, 2002, with judgment handed down on May 31.
== Facts ==
The appellant, Afrox Healthcare, was the owner of a private hospital. The respondent, Strydom, had been admitted to the hospital for surgery and post-operative medical treatment. On his admission, the parties concluded an agreement, of which it was a tacit term, according to Strydom, that Afrox's nursing staff would treat him in a professional manner and with reasonable care. The admission document, however, signed by Strydom during his admission to the hospital, contained an exemption clause, providing that he
absolved the hospital and/or its employees and/or agents from all liability and indemnified them from any claim instituted by any person (including a dependant of the patient) for damages or loss of whatever nature (including consequential damages or special damages of any nature) flowing directly or indirectly from any injury (including fatal injury) suffered by or damage caused to the patient or any illness (including terminal illness) contracted by the patient whatever the cause/causes are, except only with the exclusion of intentional omission by the hospital, its employees or agents.
After the operation, certain negligent conduct by a nurse led to complications which caused Strydom to suffer damages. Strydom argued that this conduct amounted to a breach of contract and instituted an action holding Afrox responsible for the damages.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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