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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.
In an action against the defendant for damages for negligence in failing to remove the swab, the court held that negligence could not be inferred from the mere fact that the accident happened; the onus of establishing negligence lay upon plaintiff.
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.
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 ...
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 ...
Download as PDF; Printable version; ... South African delict case law (1 C, 23 P) Pages in category "Delict"
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 ...
DE v RH is a decision of the Constitutional Court of South Africa in the law of delict.The court abolished the third-party delictual claim for adultery, holding unanimously that society's contemporary boni mores indicated that the act of adultery by a third party lacks wrongfulness and therefore does not give rise to delictual liability.