5 books dealing with law of delict in south africa

Romandutch law, based on roman law, is the strongest influence on south africas common law, where delict also falls under the law of obligations. Rob midgley author of the law of delict in south africa. Final papers of the 2016 national symposium on the promise of the declaration of rights under the constitution of zimbabwe. 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. This could be along the lines of the road accident fund in south africa. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles.

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. The authors show through a series of case studies how just about every aspect of political life ends up in court. Tort lawlaw of delict south africa research guides at. Case law was updated to the september 2014 south african law reports. Buy the law of delict in south africa 3rd ed, edited by max loubser, rob midgley. The seventh edition of law of delict, appearing simultaneously with the afrikaans version thereof, was revised and updated in the seventh edition of.

Loubser unlawfulness in the south african law of delict. Fose v minister of safety and security 1997 3 sa 786 cc. With reference to the appellants argument that public policy should impose liability because the respondents representative knew that cancellation of the completion contract would cause harm to the appellant, the court approved the statement of m loubser and r midgley in the law of delict in south africa 2 ed cape town. 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. Constitutional court of south africa case cct 7414 in the matter between. Free delivery to your door on all orders over r450. The law has to amend and adjust, and to create new principles to meet the needs of the new era. However, the civil wrong must be an actionable one, resulting in liability. For information on south africas response to covid19 please visit the covid19 corona virus south african resource portal. Law of delict by j neethling abebooks shop for books. Administrative appeals tribunal act 1975 australia. This is an exlibrary book and may have the usual libraryusedbook markings inside. This book collects the key materials on administrative law in south africa in a.

Access study documents, get answers to your study questions, and connect with real tutors for pvl 3703. Pretoria principle question reasonable person reasonably foreseeable regard relevant rensburg requirement result romandutch law skade smit snyman strafreg south africa. Oxford university press law of delict in south africa. As a background to the discussion of the cases of risk liability in south african law, it is. Project 82, a compensation system for victims of crime in south africa has observed that. Delict in roman law fell under the law of obligations. Check out the new look and enjoy easier access to your favorite features. 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. It remains, however, unsurpassed for masterful exposition of principle. The author has passed away, and the book will become progressively dated. This section contains free e books and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded.

These enjoy equal status and are subject to the constitution of south africa and other legislation. Part 5 special forms of liability involving patrimonial harm. Sabinet strict liability in the south african law of delict. Oxford university press the law of delict in south. The common law of succession is divided into the testate law of succession and the intestate law of succession, whereas the customary law of succession only operates intestate. Books, chapters in books, journal articles and dissertations. Integrating the common law, statutory law and constitutional perspectives, the text provides a rich contextual framework which supports understanding. Therefore policy factors such as reasonableness, fairness, and justice may play an important part. Loubser ed, midgley ed, mukheiber, niesing, perumal the law of delict in south africa 2ed 2012 nb.

The law of delict in south africa, second edition, provides a clear, concise and rigorous introduction to the general principles of delictual law. A treatise on the principles of liability for civil wrongs in the law of south africa by mckerron, r. 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. The law of delict in south africa, third edition, offers an introduction to the general principles of delictual law. This guide provides an outline of the main aspects of the zimbabwean law of delict. Administrative law in south africa takes full account of south. Faculty of law law of delict 2018 rhodes university. Law of delict south africa at university of south africa. The basic elements of delict are conduct, wrongfulness, fault, causation and damage. Principles of delict serves as a practical first port of call to the south african law of delict. The fundamental elements to establish a claim in delict in south african law. A delict occurs when one party commits a wrong against another.

Please note that this excludes all international deliveries. 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. 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. About lexisnexis leadership team rule of law corporate responsibility. This is by far the best textbook on the south african law of delict tort. It has been published for over 40 years and is widely considered a prestigious authority and first point of reference for research. Access study documents, get answers to your study questions, and connect with real tutors for law pvl3703. There are five essential elements for liability in terms of the actio legis. The course deals with the general principles of the south african law of delict and their application to specific delicts. The second series of cases deal with plaintiffs who were the victims of crimes committed. Faculty of law law of delict 2017 rhodes university. He is a member of the academy of science of south africa and an advocate of the high court of south africa. Students are advised to read the prescribed textbook together with j.

The law of delict the constitution and fundamental human rights. Get free delivery to all exclusive books stores nationwide. 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. Reforming law of delict zimbabwe legal information institute. 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 fourth edition surveys cases since 2005, presents a comprehensive overview of developments in the law and illustrates how the constitutional court and the supreme court of appeal, especially, have shaped traditional principles to coincide with modern human rights values. Rob midgley is the deputy vicechancellor for academic affairs and research at the university of fort hare. Aquilian liability in south african law of delict print juta. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. He was awarded the chancellors prize for best law researcher at unisa in 1997. This publication explains how the law protects an individual person from any harm.

The law of delict, the constitution, and fundamental human rights study paragraph 5 and footnote 147 and 161 in the textbook and the following judgements in the case book. The new formulation appears to equate wrongfulness with a completed delict. The south african law of delict engages primarily with the circumstances in which one person. From a public sector perspective one must ask about the delictual liability of the. It explains the different roles played by wrongfulness in, on the one hand, cases concerning physical harm caused by a positive act where it is assumed to be present, barring proof of one of the defences which typically. The law of delict in south africa paperback, 3rd revised edition.

He is also professor emeritus and a former dean of law at rhodes university. The juxtaposition of terse, lucid text and detailed footnotes is perfect. Sabinet reflections on wrongfulness in the law of delict. A cases section follows the main text, containing summaries of salient zimbabwean cases and also of some important south african and english cases. He has published in the fields of delict, professional negligence, legal education and dispute resolution. To see what your friends thought of this book, please sign up. The aim of this book is to explain aquilian liability in the south african law of delict to students encountering it for the first time. Law of delict in gauteng gumtree classifieds in gauteng. Be the first to ask a question about the law of delict in south africa.