Five books that deal with law of delict in south africa

Mar 10, 2016 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. Aanspreeklikheid according actio iniuriarum applied approach aquilian action aswegen bank ltd boberg delict boni burchell caused circumstances claim conditio sine qua conduct consent consequence constitution contract contributory negligence court criterion defamation defendant defendants delictual liability determine edms example fact fault. In the law of delict the unheard of new risk potential of the products of modern science large factories, machinery, trains, cars, aircraft, etc. Oxford university press law of delict in south africa. Free delivery to your door on all orders over r450. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. Law of delict south africa at university of south africa.

Past, present and future juta and jutastat are names synonymous with south african legal publishing and a heritage of excellence. Christies law of contract in south africa was first published in 1981. South african common and customary law of intestate. There are five essential elements for liability in terms of the actio legis. This book looks at the viability of punitive damages for south africa against the. A delict is defined in paragraph 1 as the act of a person who in a wrongful and culpable way causes harm to another. The law has to amend and adjust, and to create new principles to meet the needs of the new era. A cases section follows the main text, containing summaries of salient zimbabwean cases and also of some important south african and english cases. Revised and updated, the second edition focuses more strongly on problem. Pty ltd 20102020 7th floor, mandela rhodes place, corner wale street and burg street, cape town, 8000, south africa company registration number. This is an exlibrary book and may have the usual libraryusedbook markings inside. Distinguish between the generalising and casuistic approaches to the law of delict.

The course deals with the general principles of the south african law of delict and their application to specific delicts. The wages of delict research explorer universiteit van amsterdam. Sabinet strict liability in the south african law of delict. This statement is controversial, since the history books show us that the original inhabitants were. South african law of delict academic dictionaries and. Whatever did inquiring legal minds read before lord bingham published the rule of law. We highly recommend the following two south african labour law books which cover the field in great depth. Loubser unlawfulness in the south african law of delict. Oxford university press the law of delict in south africa. Access study documents, get answers to your study questions, and connect with real tutors for law pvl3703.

The american canners association data showed 151 claims and 5. Rob midgley author of the law of delict in south africa. In the context of a delict, claims for pure economic financial loss, with no. In the law of delict the unheardof new risk potential of the products of modern science large factories, machinery, trains, cars, aircraft, etc. The following south african books allow you to know and understand the law relating to the world of work. Modderklip boerdery pty ltd 2005 5 sa 3 cc, where the court awarded. This list of factors has been referred to with approval in ntshingana v minister of safety and security unreported judgment dated 14 october 2003 under eastern cape division case number 20011639 and phasha v minister of police unreported judgment by epstein aj dated 23 november 2012 under south gauteng high court case number. This is by far the best textbook on the south african law of delict tort. Yes the book is about postapartheid south africa, but gobodomadikizela. Roach k constitutional remedies in canada canada law book toronto 1994. This reference work contains various topics on south african law and contains over 163 titles. 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. He is also professor emeritus and a former dean of law at rhodes university. And currently there are transitional justice processes in nepal, dealing with a ten.

He is a member of the academy of science of south africa and an advocate of the high court of south africa. Tort law also evolved in the united states under pressure from the growing number of. Conduct was it negligence or the failure to take action that caused the accident. 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.

It has been published for over 40 years and is widely considered a prestigious authority and first point of reference for research. All law may not conflict with the south african constitution. Criminal law in south africa, second edition, is fully updated to reflect recent legal developments and. During the first semester you will examine four of the five elements required to establish delictual liability conduct, wrongfulness, fault and causation. A delict occurs when one party commits a wrong against another. The seventh edition of the book provides a detailed and comprehensive exposition of the general principles of the law of contract as it has evolved, and been applied by the courts. Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. Oxford university press the law of delict in south. It remains, however, unsurpassed for masterful exposition of principle. The new formulation appears to equate wrongfulness with a completed delict. Fac1503 financial accounting principles for law practitioners fac1601 financial accounting and reporting inf1505 introduction to business information systems. As a background to the discussion of the cases of risk liability in south african law, it is. The author has passed away, and the book will become progressively dated.

Administrative law in south africa takes full account of south. 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. Explain why the law of delict is part of the law of obligations. 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. South africas product liability system did not contemporaneously follow the. The law of contract in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of contract law. In fact, it goes well beyond its two most popular branches, civil law and criminal law. 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. Colleen murphy, a professor of law at the university of illinois, chooses five books. Romandutch law, based on roman law, is the strongest influence on south africas common law, where delict also falls under the law of obligations. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. These enjoy equal status and are subject to the constitution of south africa and other legislation. It identifies the beneficiaries who are entitled to succeed to the deceaseds estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons for example, beneficiaries and.

Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. 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. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. Conduct was it negligence or the failure to take action that caused the accident or damages, or was it a wilful, positive action. 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. A comprehensive guide 6 ed lexisnexis 2015 labour law through the cases. Neethling j, potgieter jm and visser pj law of delict 7th ed lexisnexis. The juxtaposition of terse, lucid text and detailed footnotes is perfect.

Available in online and in print as 63 hard cover title volumes and a 2 volume lawsa supplement. Damages arising from contraventions of competition act 89 of 1998. Oxford university press law of delict in south africa 2e. The judgment of lee v minister for correctional services 2011 6 sa 564 wcc may be an opportunity missed by both the supreme court of appeal sca see minister of correctional services v lee 2012 3 sa 617 sca and the constitutional court cc see lee v minister of correctional services 20 2 sa 144 cc to develop the south african law of delict with regard to.

A clear, concise yet rigorous introduction to the general principles of delictual law. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. Buy the law of delict in south africa 3rd ed, edited by max loubser, rob midgley, isbn. It remains to this day a wellestablished and leading authority on the law of contract. He has published in the fields of delict, professional negligence, legal education and dispute resolution. He was awarded the chancellors prize for best law researcher at unisa in 1997. South african criminal law is the body of national law relating to crime in south africa. Get free delivery to all exclusive books stores nationwide. Revised and updated, the second edition focuses more strongly on problem solving application. Faculty of law law of delict 2018 rhodes university. This means that all five the elements of a delict must be present to hold someone liable for a delict. The south african law of delict engages primarily with the circumstances in which one person.

In south africa, the law of delict has been regulated and there are basically five elements that have to be scrutinised and accepted by the courts before the claimant is successful and these are. The best books on transitional justice five books expert. Law of delict in gauteng gumtree classifieds in gauteng. It is apparent from the wording of south africas competition act 89 of 1998 the act. 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. 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. The law of delict in south africa, third edition, offers an introduction to the general principles of delictual law.

This article will shed some light on these two as well as other branches of law. The basic elements of delict are conduct, wrongfulness, fault, causation and damage. When dealing with a claim for damages, it is particularly important to note the following. Define a delict a delict is the act of a person that in a wrongful and culpable way causes harm to another.

Access study documents, get answers to your study questions, and connect with real tutors for pvl 3703. Part 5 special forms of liability involving patrimonial harm, and. Hahlos south african company law through the cases. The text supports learning and the development of independent academic skills through various learning features which bring an applied, critical and reflective. For information on south africas response to covid19 please visit the covid19 corona virus south african resource portal.

The primary objective of south african law when dealing with damages claims. Criminal law in south africa criminal law in south. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. A proud legacy of empowering generations of south africas finest legal minds. Mar 06, 2018 includes bibliographical references and index. Examples of negligence or delict chadwicks risk and.

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. Law books we recommend court judgments in south africa. The law of delict in south africa, second edition, provides a clear, concise and rigorous introduction to the general principles of delictual law. The following diagram indicates where the law of delict fits into the whole system of law. The law of succession comprises two branches, namely the common law of succession and the customary law of succession. Midgley, rob, loubser, max, mukheibir, andre, perumnal, devina, niesing, liezel. South african law of delict wikimili, the best wikipedia. Current and key legal information solutions that are essential for your law practice. Rob midgley is the deputy vicechancellor for academic affairs and research at the university of fort hare. Law of delict in south africa law of delict in south africa.

The law of south africa is an encyclopedic collection of south african law. South african law of delict wikimili, the best wikipedia reader. A treatise on the principles of liability for civil wrongs in the law of south africa by mckerron, r. Delict in roman law fell under the law of obligations.

Determine where the law of delict fits into the whole system of law. 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. Tort lawlaw of delict south africa research guides at. Name the most important delictual actions and distinguish between them. Romandutch law only regarded omissio as wrongful when there was a negative duty to avoid causing injury to others, and not a positive duty to shield others from injury. Study guide questions and answers 20 a lawblog for 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. Law of delict by j neethling abebooks shop for books. Law of delict notes r50 add to cart quickly navigate to.