Who guards the guardians? : Liability for breach of contract

Abstract

The matter of Loureiro v iMvula Quality Protection (Pty) Ltd (2014 3 SA 394 (CC)) dealt with the vexed question of liability where a security service provider had apparently failed to prevent a house invasion and robbery from taking place. It is one of those cases where the same facts apparently gave rise to claims for breach of contract and in delict. Firstly, the court had to decide whether a security service provider could be liable for breach of contract towards its client where a house invasion and robbery took place while the property was under protection of the security service provider. Secondly, the court also had to decide whether a security service provider could be liable in delict towards third parties who were caught up in the house invasion and robbery that took place while the property was under protection of the security service provider. While the action involved both claims in delict and a claim for breach of contract, this note will only deal with the issue of breach of contract and the claims in delict will not be discussed.