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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]
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.
Administrateur, Natal v Trust Bank van Africa Bpk [1] is an important case in South African law of delict, in particular in the area of negligent misstatements.It was heard in the Appellate Division on March 5, 1979, with judgment handed down on May 25, 1979.
Kruger v Coetzee [1] is an important case in South African law, in particular in the law of delict and on the question of negligence.. In an action for damages alleged to have been caused by the defendant's negligence, culpa arises, for the purposes of liability, only if a diligens paterfamilias in the position of the defendant not only would have foreseen the reasonable possibility of his ...
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 ...
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.
South African law and Sri Lanka also use the law of delict as opposed to torts. The South African common law elaborates a set of general principles in terms of which liability for loss is allocated. This should be seen in contrast to the Anglo-American common law approach which has distinct tort actions, each with their own peculiar elements ...
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