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Principal, agent, liability, independent contractor, employment, negligence, non-delegable duty, care, damages, delict, reasonableness, foreseeability, harm, vicarious liability Chartaprops 16 (Pty) Ltd and Another v Silberman [ 1 ] [ 2 ] is an important case in the South African law of agency .
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the ...
However it is phrased, the essence of the degree of fault attributed will lie in the fact that reasonable people try to avoid injuring others, so if harm was foreseeable, there should be liability to the extent that the extent of the harm actually resulting was foreseeable.
It determines if the harm resulting from an action could reasonably have been predicted. The test is used in most cases only in respect to the type of harm. It is foreseeable, for example, that throwing a baseball at someone could cause them a blunt-force injury. But proximate cause is still met if a thrown baseball misses the target and knocks ...
The degree of knowledge which the defendant had about the probability and likely magnitude of harm to the plaintiff. [10]: p 230–1 Special rules exist for the establishment of duty of care where the plaintiff suffered mental harm, or where the defendant is a public authority. [12]
Whether the acts of a third party break the chain of causation depends on whether the intervention was foreseeable. [13] The general rule is that the original defendant will be held responsible for harm caused by a third party as a direct result of his or her negligence, provided it was a highly likely consequence.
1. The Blow Dryer and Round Brush Combo. First, apply volumizing mousse on your wet hair to hold your style. According to Iudina, you’ll want to blow dry your hair into small sections using a ...
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]