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Law of depict
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,# 2016 University of South AfricaAll rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
PVL3703/1/2017–2019
70505691
3B2
, iii
Contents
Study unit Page
1 Scope of study and study material 1
PART I:
INTRODUCTION TO THE LAW OF DELICT 7
2 General Introduction 8
PART II:
GENERAL PRINCIPLES OF THE LAW OF DELICT 15
3 Conduct 16
4 Wrongfulness
Introduction; act and consequence 20
5 The legal convictions of the community (boni mores) as basic test for wrongfulness 23
6 Wrongfulness as infringement of a right; wrongfulness as breach of a legal duty 27
7 Liability for an omission 31
8 Breach of a statutory duty; wrongfulness as the reasonableness of holding a defendant
liable 35
9 Grounds of justification; private defence 38
10 Necessity 42
11 Provocation 46
12 Consent 49
13 Statutory authority; official capacity; execution of an official command; power to
discipline 52
14 Abuse of right; nuisance 55
15 Fault
General; accountability; intent 58
16 Negligence 62
17 Foreseeability and preventability of damage 66
18 Negligence judged in the light of the surrounding circumstances; negligence and duty of
care; proof of negligence; wrongfulness and negligence 68
19 Contributory fault 72
20 Voluntary assumption of risk and contributory fault (contributory intent) 76
21 Causation
General; factual causation 79
, iv
22 Legal causation: general; the flexible approach; adequate causation; direct consequences 82
23 Reasonable foreseeability; novus actus interveniens; so-called egg-skull cases (talem
qualem rule) 86
24 Damage
Patrimonial loss and non-patrimonial loss 89
25 Delictual remedies 92
26 Joint wrongdoers 95
PART III:
FORMS OF DELICT 97
27 Forms of damnum iniuria datum
Psychological lesions (emotional shock) 98
28 Injury or death of another person; pure economic loss; negligent misrepresentation;
interference with a contractual relationship; unlawful competition; manufacturer’s liability 101
29 Forms of iniuria
Right to physical integrity; the right to fama or good name; rights relating to dignitas 103
30 Forms of liability without fault
Damage caused by animals; Vicarious liability; Consumer Protection Act 68 of 2008 108
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