Question
X contracts with Y for the latter (Y) to build and fit a security gate for the entrance of her (X's) home. Y builds the
X contracts with Y for the latter (Y) to build and fit a security gate for the entrance of her (X's) home. Y builds the gate and fits it with an electric motor, which is activated with a remote control. X is satisfied with the work and pays Y the contractual amount agreed upon. A week later, the gate gets stuck while it is halfway open as a result of defective materials used to build the gate. When X attempts to physically move the gate to close it fully, she suffers such severe damage to her left knee that she has to have a knee operation. Her medical costs are R20 000. The costs of repairing the gate amount to R15 000. X wants to claim both medical costs as well as the cost of repairing the gate from Y.
Advise X if she will be successful with her claim. Refer to relevant case law in your answer.
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