I
, RM1501 Assignment 2 (COMPLETE ANSWERS) Semes
ter 2 2025 (861902) - DUE 15 September 2025; 10
0% TRUSTED Compl
Case Note: Global & Local Investment Advisors (Pty) Ltd v
Fouché (71/2019) [2020] ZASCA 8; 2021 (1) SA 371 (SCA)
Case Summary Essay
The case of Global & Local Investment Advisors (Pty) Ltd v
Fouché (71/2019) [2020] ZASCA 8; 2021 (1) SA 371 (SCA) is
an important South African judgment dealing with contract law,
mandates, electronic signatures, and the duties of financial
intermediaries. The decision illustrates how courts interpret the
meaning of “signature” in contracts and how liability is
allocated when fraudsters exploit electronic communication.
Facts of the Case
In November 2015, Mr. Fouché gave Global & Local
Investment Advisors a written discretionary mandate to manage
his funds in a Corporate Cash Manager (CCM) account. This
mandate specifically required that all client instructions had to
be submitted with the client’s signature.
In August 2016, fraudsters hacked into Fouché’s Gmail account.
Using his email address, they sent three fraudulent emails to
Global & Local instructing them to transfer large sums of money
to third-party bank accounts. Each email ended with the typed
words “Regards, Nick” or “Thanks, Nick.” Global & Local
, RM1501 Assignment 2 (COMPLETE ANSWERS) Semes
ter 2 2025 (861902) - DUE 15 September 2025; 10
0% TRUSTED Compl
Case Note: Global & Local Investment Advisors (Pty) Ltd v
Fouché (71/2019) [2020] ZASCA 8; 2021 (1) SA 371 (SCA)
Case Summary Essay
The case of Global & Local Investment Advisors (Pty) Ltd v
Fouché (71/2019) [2020] ZASCA 8; 2021 (1) SA 371 (SCA) is
an important South African judgment dealing with contract law,
mandates, electronic signatures, and the duties of financial
intermediaries. The decision illustrates how courts interpret the
meaning of “signature” in contracts and how liability is
allocated when fraudsters exploit electronic communication.
Facts of the Case
In November 2015, Mr. Fouché gave Global & Local
Investment Advisors a written discretionary mandate to manage
his funds in a Corporate Cash Manager (CCM) account. This
mandate specifically required that all client instructions had to
be submitted with the client’s signature.
In August 2016, fraudsters hacked into Fouché’s Gmail account.
Using his email address, they sent three fraudulent emails to
Global & Local instructing them to transfer large sums of money
to third-party bank accounts. Each email ended with the typed
words “Regards, Nick” or “Thanks, Nick.” Global & Local
