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Frier's work in Roman law has featured several casebooks, including those on Roman family law, the Roman law of contracts, and the Roman law of delict. He developed the delicts casebook, modeled after Herbert Hausmaninger's German casebooks on Roman property and contract law in 1989 for his Roman law courses.
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. [1] JC Van der Walt and Rob Midgley define a delict 'in general terms [...] as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. [2]
Download as PDF; Printable version; ... South African delict case law (1 C, 23 P) Pages in category "Delict"
By contrast, the civil law of German-speaking countries does not differentiate between delict (Delikt) and quasi-delict (Quasidelikt) as do French and Roman law.Under German Deliktsrecht, or ‘law of delict’, claims for damages can arise from either fault-based liability (Verschuldenshaftung), i.e. with intention or through negligence (Fahrlässigkeit), or strict liability ...
Khumalo and Others v Holomisa is a landmark decision in the South African law of delict.It was decided by the Constitutional Court of South Africa on 21 May 2002. Handing down judgment for a unanimous court, Justice Kate O'Regan held that the existing common law of defamation is consistent with the Bill of Rights.
Kruger v Coetzee [1] is an important case in South African law, in particular in the law of delict and on the question of negligence.. In an action for damages alleged to have been caused by the defendant's negligence, culpa arises, for the purposes of liability, only if a diligens paterfamilias in the position of the defendant not only would have foreseen the reasonable possibility of his ...
Le Roux and Others v Dey is a 2011 decision of the Constitutional Court of South Africa in the South African law of delict. It was the court's first decision on alleged defamation by a minor . A majority of the court upheld the award of monetary damages to a high school vice-principal who had been defamed by three of his pupils through the ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...