Stolen cheque risk of loss

In a recent Supreme Court of Appeal decision of Stabilpave (Pty) Ltd vs the South African Revenue Service 2014(1) SA350 (SCA), the court was called upon to determine which party assumed the risk of loss arising out of the posting of a cheque. The principles pertaining to the circumstances where a cheque is intercepted in the post and unlawfully misappropriated are well established in our law. This case re-emphasised these established principles and provided further clarity of the legal principles applicable in instances where a creditor has not been provided with a choice by the debtor as to the method of payment to be followed by the debtor. Continue reading