The issue of the ability of the High Court to hear matters falling within the monetary jurisdiction of the Magistrate’s Court was considered in the matter of Nedbank Ltd v Thobejane and Similar Matters 2019 (1) SA 594 (GP); [2018] 4 ALL SA 694 (GP) (hereafter Thobejane).1 In this case, the Court ruled that actions […]
Read more...Category: Law of delict
Law of delict
Who is liable for damages suffered on school premises?
Events at schools are an everyday occurrence. Think about games and practice sessions for sports, matric farewells or seasonal dances, fundraising events, choir concerts, etc. Whilst these events can be quite fun for scholars, accidents can easily occur, causing serious injury to someone attending an event at a school. This then raises the question with […]
Read more...Medical Negligence
Will an unauthorized and unlawful medical procedure performed on me give rise to a medical negligence claim? You consulted your doctor or specialist, who told you that you would have to undergo a certain medical procedure. The nature, scope and risks associated with the envisaged operation were duly explained to you and you consented to […]
Read more...Action De Pauperie – dog owners beware, no fault is required for liability
Liability without fault, also known as ‘strict liability’, denotes a form of liability without an intentional or negligent action on the part of the wrongdoer. The actio de pauperie is an example of strict liability: although the domestic animal is the cause of the damage, the owner bears the sole responsibility for the damage caused […]
Read more...The sad truth about the drowning of a minor
It’s a cold Cape Town winter’s morning in July. You and your three-year-old daughter are attending the weekly prayer group meeting at a friend’s house. Your husband is busy at work and you therefore arranged with a friend to go there with her. On arrival you greet everyone and start with the usual religious activities. […]
Read more...Actio de Feris and the defence of provocation: Van der Westhuzen v Burger
The facts, which led to the claim in this case, were very simple. The Respondent, Mr. Burger, visited the Appellant, Mr Van der Westhuizen, on the latter’s farm. One of the Appellant’s ostriches chased the Respondent. The Respondent alleged that, in an attempt to escape from the ostrich, he tripped over a piece of wood, […]
Read more...Dog owners beware: litigation bites too!
Having a dog in your house not only brings enjoyment but also security to your home. In South Africa, due to high crime rates, many, if not most, have guard dogs such as Pitbull’s and Rottweilers. Sadly, there have been several dog attacks in recent years, which have left victims in critical condition. Some attacks have also […]
Read more...Dog owners beware: litigation bites too
Having a dog in your house brings not only enjoyment but also security for your home. In South Africa, due to high crime rate, many if not most, have guard dogs such as Pitbull’s and Rottweiler’s, ensuring peacefully sleep for some. Sadly, over the recent years there has been several dog attacks which has left […]
Read more...Wat is ‘n Anton Piller-bevel?
Wat is ‘n Anton Piller-bevel? Gedurende die afgelope paar maande het ons in die media gelees dat daar beslaggelê is op dokumente en/of rekenaarskywe en ander eiendom van individue met die oog op verkryging van inligting wat nodig is in hoë profiel siviele aangeleenthede of ook kriminele aangeleenthede. Die reg van ‘n balju om, sonder […]
Read more...When can the SAPS be sued for damages suffered by crime victims?
The numerous civil claims that have in recent times been instituted by various crime victims against the State for the failure of the South African Police Services (“SAPS”) to protect them, is another indication of the high levels of crime that we are experiencing in our country. The good news for victims of crime is […]
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