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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 the realm of private law, South African jurisprudence covers delictual liability, which is akin to tort law in other jurisdictions. This area deals with wrongful acts that cause harm to individuals, requiring a demonstration of harm, wrongful conduct, causation, and fault.
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.
Download as PDF; Printable version; ... South African delict case law (1 C, 23 P) Pages in category "Delict"
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.
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 ...
Minister of Safety and Security v Luiters [1] [2] is an important case in the South African law of delict. It was heard in the Supreme Court of Appeal (SCA) on March 7, 2006, with judgment delivered on March 17. Mpati DP, Farlam JA, Navsa JA, Cloete JA and Van Heerden JA presided.
The case is especially important in the law of delict, dealing with the problems relating to causation and the conditio sine qua non or "but-for" test. Where there was a negligent delay in furnishing medical aid and treatment to the deceased, whose widow established, on a balance of probabilities, that he would not have died "but for" such ...