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Standard Bank of South Africa Ltd v OK Bazaars (1929) Ltd [1] is an important case in the South African law of delict, particularly the area of negligent misstatement. It was heard in the Witwatersrand Local Division by André Gautschi AJ from 8–16 February 2000, with judgment handed down on 17 March.
S v Friedman [1] is an important case in South African law. It was heard in the Witwatersrand Local Division by Cloete J from 9 to 13 October 1995, with judgment handed down on 16 October. AO Cook and DN Unterhalter appeared for the accused, and ZH de Beer and H. Louw for the state. The case is especially significant for South African criminal law.
Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
Informal admissions in South African law are part of the South African law of evidence. Briefly, an admission is a statement made by a party, in civil or criminal proceedings, which is adverse to that party's case. Informal admissions, which are usually made out of court, must be distinguished from formal admissions, made in the pleadings or in ...
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The court found that the Afrikaans term nalatige wanvoorstelling, a translation of "negligent misrepresentation," does not reflect, in connection with negligent misrepresentation as a delictual ground of action, the essential problem in South African law; it created instead the impression of a representation in a contractual context. In a ...
Thomas v BMW South Africa (Pty) Ltd 1996 2 SA 106 (C). Thoroughbred Breeders’ Association of South Africa v Price Waterhouse 2001 4 SA 551 (SCA). Transnet Ltd v Sechaba Photocon (Pty) Ltd 2005 1 SA 299 (SCA). Trustees, Two Oceans Aquarium Trust v Kantey & Templer (Pty) Ltd 2006 3 SA 138 (SCA). Truter v Deysel 2006 4 SA 168 (SCA).
To be unlawful or wrongful, the statement which constitutes a positive misrepresentation must be wholly false, or at least inaccurate. Whether a statement is false or inaccurate will, in the final analysis, have to be judged according to the convictions of the community. This is the general criterion for establishing wrongfulness.