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Delict, determining the issue of culpa before the issue of wrongfulness, foreseeability in relation to culpa Sea Harvest Corporation (Pty) Ltd and Another v Duncan Dock Cold Storage (Pty) Ltd and Another [ 1 ] is an important case in South African law, particularly in the area of delict and on the question of negligence.
Download as PDF; Printable version; In other projects ... is an important case in South African law, particularly in the area of delict and on the question of ...
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 ...
Annual Survey of South African Law (1977). Annual Survey of South African Law (1978). Annual Survey of South African Law (1979). Hiemstra Suid-Afrikaanse Strafprosesreg 3rd ed. McKerron The Law of Delict 7th ed. JA v S. d'Oliveira State Liability for the Wrongful Exercise of Discretionary Powers (doctoral thesis). Salmond Law of Torts 17th ed.
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]
In Roman law, obligatio ex delicto is an obligation created as a result of a delict. [1] While "delict" itself was never defined by Roman jurisprudents, delicts were generally composed of injurious or otherwise illicit actions, ranging from those covered by criminal law today such as theft and robbery to those usually settled in civil disputes in modern times such as defamation, a form of ...
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.
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 ...