Durban's Water Wonderland v Botha
Durban's Water Wonderland (Pty) Ltd v Botha is an important case in South African contract law, especially in the area of exemption clauses. It was heard in the Supreme Court of Appeal on 16 November 1998, with judgment handed down on 27 November. The judges were Van Heerden DCJ, Howie JA, Harms JA, Scott JA and Melunsky AJA. PJ Olsen appeared as counsel for the appellant, and P. Ellis for the respondents.

Facts 
A mother and her two-and-a-half-year-old daughter were on a ride at an amusement park when something malfunctioned in the hydraulics, throwing them off the ride. They sued for damages.

Durban's Water Wonderland found its defence in contract, claiming an exemption clause attached to the ticket. This clause was also displayed clearly on the window of the ticket office. As there was no ambiguity in the scope of the exemption, and as Botha saw it, the exemption clause applied.

See also 
 Contract
 South African contract law

References

Books 
 Du Plessis, Jacques, et al. The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010.

Cases 
 Durban's Water Wonderland (Pty) Ltd v Botha 1999 (1) SA 982 (SCA). The case is authoritative.

Notes 

1998 in South African case law
Supreme Court of Appeal of South Africa cases
South African contract case law