Access details on matters heard in court and subsequent judgements quickly and easily with court rolls on. Loubser et al the law of delict in south africa p 164. A proud legacy of empowering generations of south africa s finest legal minds. Potgieter neethling, potgieter and visser, law of delict 7th ed 2015 the lecturer will draw on both books as well as other relevant texts when.
The basic elements of delict are conduct, wrongfulness, fault, causation and damage. He is also professor emeritus and a former dean of law at rhodes university. When dealing with a claim for damages, it is particularly important to note the following. Access study documents, get answers to your study questions, and connect with real tutors for law pvl3703. A comprehensive guide 6 ed lexisnexis 2015 labour law through the cases. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic of south africa, 1996 hereinafter the constitution. Integrating the common law, statutory law and constitutional perspectives, the text provides a rich contextual framework which supports understanding. Law of delict in gauteng gumtree classifieds in gauteng. Law of delict south africa at university of south africa. Law of succession, property, persons, contract, civil procedure, evidence the best study notes avoid resits and achieve higher grades with the best study notes written by your fellow students.
A proud legacy of empowering generations of south africas finest legal minds. Faculty of law law of delict 2018 rhodes university. The law of south africa lawsa is the only complete narrative statement of south african law from all its sources, including statutory law, case law and common law. Explain why the law of delict is part of the law of obligations. A cases section follows the main text, containing summaries of salient zimbabwean cases and also of some important south african and english cases. As a starting point, it is essential to realise that all five elements mentioned above must be present before a person can be set to be delictually liable. In gordon v da mata 1969 3 sa 285 a the trial court found d not liable as it was not. South african common and customary law of intestate. Although the south african law of delict still regards. Lexisnexis south africa is passionate about case law and providing quality case law to our customers. Current and key legal information solutions that are essential for your law practice. Loubser ed, midgley ed, mukheiber, niesing, perumal the law of delict in south africa 2ed 2012 nb. Delict from latin delictum, past participle of delinquere to be at fault, offend is a term in civil law jurisdictions for a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer.
In addition, although it may be found that evidence is admissible, the weight. South african law and sri lanka also use the law of delict as opposed to torts. Courts have started to view divorce as a no fault consequence, and previously an innocent spouse was able to bring an action for damages against a third party the codefendant with whom adultery was committed. Explain the meaning and implication of the res perit domino principle. We highly recommend the following two south african labour law books which cover the field in great depth. Mar 06, 2018 includes bibliographical references and index. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. Available in online and in print as 63 hard cover title volumes and a 2 volume lawsa supplement.
The author has passed away, and the book will become progressively dated. Senior lecturer, department of private law, university of south africa. Every day, women are murdered, physically and sexually assaulted, threatened and humiliated by their partners, within their own homes. Law books we recommend court judgments in south africa.
In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Constitutional heedlessness and overexcitement in the. And, sadly, domestic violence is the most common and widespread human rights abuse in south africa. The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. Rob midgley author of the law of delict in south africa.
The south african law of delict engages primarily with the circumstances in which one person. Delict is a term in civil law jurisdictions for a civil wrong consisting of an intentional or negligent. See mpofu v delta beverages hh114 where it is pointed out that the. Oxford university press the law of delict in south africa. Although the south african law of delict still regards fault as the foundation of delictual liability, the first signs of a development in which fault as a requirement for liability is dispensed with in certain circumstances can already be seen, and this cannot be ignored by legal theory and practice. The south african law of delict engages with the circumstances in which one person can claim compensation from another for harm, suffered. The second series of cases deal with plaintiffs who were the victims of crimes committed. He is professor in the department of private law, and a former dean of the faculty of law, at the university of south africa, pretoria. See also the summary of the important zimbabwean cases on damages for. Suing a third party in case of adultery in south africa. This is by far the best textbook on the south african law of delict tort.
Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. Make sure you know the basic principles of law of contract. Effecting transformation in the south african law of delict 2016 prepared. Study guide questions and answers 20 a lawblog for south. Further, in the case of holzhausen v adsa bank 2000 5 sa 630 sca the. This action is the cornerstone of our law of delict. Revised and updated, the second edition focuses more strongly on problem solving application. Contract law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in south africa. The law of delict is a branch of private law falling under the law of obligations. Sabinet strict liability in the south african law of delict. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3703. Neethling et al and a great selection of related books, art and collectibles available now at.
The following south african books allow you to know and understand the law relating to the world of work. This statement is controversial, since the history books show us that the original inhabitants were. In the context of a delict, claims for pure economic financial loss, with no. Chapter 2 aquilian action zimbabwe legal information. He was awarded the chancellors prize for best law researcher at unisa in 1997. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. It remains, however, unsurpassed for masterful exposition of principle.
This article traces the often unnoticed changes that the concept of wrongfulness has undergone in the south african law of delict since the middle of the last century. A common example to elucidate upon this principle is found in the sale of property. See in general neethling and potgieter delict 379402. Chapter 1 introduction zimbabwe legal information institute. In early south african law, more particularly in cases of municipal liability, romandutch law continued to regard omissio to be unlawful only where a negative legal duty existed to prevent harm to others. The south african law of succession prescribes the rules which determine the devolution of a persons estate after his death, and all matters incidental thereto. The fundamental elements to establish a claim in delict in south african law are.
Oxford university press law of delict in south africa. He is a member of the academy of science of south africa and an advocate of the high court of south africa. In dealing with quantum of damages the court does not take into account the cultural or. Tort lawlaw of delict south africa research guides at. Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the. Distinguish between the generalising and casuistic approaches to the law of delict.
Corner wale street and burg street, cape town, 8000, south. In south african law too we find distinct traces of the develop ment of a field of liability without fault, or liability based on risk. Determine where the law of delict fits into the whole system of law. The objectives of the law of delict differ fundamentally from those of. Delict is a concept of civil law in which a willfull wrong or an act of negligence gives rise to a legal obligation between the parties, despite the lack of a contract.
Every day, women are murdered, physically and sexually assaulted, threatened and. The law of defamation in south africa burchell, jonathan m on. Dec 22, 2019 the law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. All law may not conflict with the south african constitution. There are five essential elements for liability in terms of the actio legis. Oxford university press the law of delict in south. The law of delict in south africa, second edition, provides a clear, concise and rigorous introduction to the general principles of delictual law. Oxford university press law of delict in south africa 2e. Books, chapters in books, journal articles and dissertations. Sabinet reflections on wrongfulness in the law of delict. South africa has one of the highest incidences of domestic violence in the world.
Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. In actions based on negligence the courts have to deal with a wide range of situations. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced.
It is in legislation, in particular, that the requirement of fault as a prerequisite for compensatory liability has been dispensed with in certain cases. Our courts have had to deal with contributory intent and intent on the part of the. Browse the worlds largest ebookstore and start reading today on the web, tablet, phone, or ereader. It has been published for over 40 years and is widely considered a prestigious authority and first point of reference for research. Name the most important delictual actions and distinguish between them. Domestic violence and abuse in south africa family law. Learning outcomes after completion of unit 1, you should be able to do the following. This reference work contains various topics on south african law and contains over 163 titles. List the five elements of a delict act wrongfulness fault causation harm name the three actions that are described as the pillars of our law of delict actio legis aquiliae actio iniuriarum. Students are advised to read the prescribed textbook together with j. As has been pointed out, however, in contrast to the casuistic approach of the roman law of delict, the south african law of delict is based. A delict occurs when one party commits a wrong against another. Define a delict a delict is the act of a person that in a wrongful and culpable way causes harm to another.
Romandutch law, based on roman law, is the strongest influence on south africa s common law, where delict also falls under the law of obligations. The terms delict and tort are synonymous and interchangeable, the only difference being that delict is used in civil law or european systems and those linked to roman law like south africa and scotland, while tort is used by systems based on english common law. Fose v minister of safety and security cct1496 1997 zacc 6. He has published in the fields of delict, professional negligence, legal education and dispute resolution. Delict in roman law fell under the law of obligations. The discussion of south african law will deal mainly with the five elements of. Country cloud trading cc v mec, department of infrastructure development, gauteng,6. A clear, concise yet rigorous introduction to the general principles of delictual law. Loubser unlawfulness in the south african law of delict. The text supports learning and the development of independent academic skills through various learning features which bring an applied, critical and reflective. The law of south africa is an encyclopedic collection of south african law.
A cases section follows the main text, containing summaries of salient zimbabwean cases and also of. The juxtaposition of terse, lucid text and detailed footnotes is perfect. The law of delict in south africa, third edition, offers an introduction to the general principles of delictual law. Study guide questions and answers 20 a lawblog for. Rob midgley is the deputy vicechancellor for academic affairs and research at the university of fort hare.
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