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South African law of delict. 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 ...
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.
The defendant, a surgeon, had performed an urgent and difficult abdominal operation upon the plaintiff. The operation took place in a hospital at night, assisted by an anesthetist and a qualified nurse on the hospital staff who acted as theatre sister. At the conclusion of the operation, one of the swabs used by the defendant was overlooked and ...
International Shipping Co (Pty) Ltd v Bentley[1] is an important case in South African law. It was heard in the Appellate Division on 25 and 26 September 1989, with judgment handed down on 10 November. The presiding officers were Corbett CJ, Botha JA, Hefer JA, Smalberger JA and Friedman AJA. The case is especially important in the law of ...
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 ...
wrongfulness. 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 ...
Keywords. 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.
Minister of Safety and Security v Luiters (SCA) 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.