Delict and Civil Claims

25
Apr

The Pothole Plague – Claiming Damages

Article courtesy of Law Dot News | Delict and Civil Claims The Pothole Plague – Claiming Damages “If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages
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26
Sep

Suing for a Supermarket “Slip ‘n Trip” – What Must You Prove?

Article courtesy of Law Dot News | Civil Claims | Delict Claims Suing for a Supermarket “Slip ‘n Trip” – What Must You Prove? “The path is smooth that leadeth on to danger” (William Shakespeare) Civil Claims - Tripping over aisle blockages or slipping on floors made slick by spillages can happen in even the best-managed supermarkets, and injured shoppers
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26
Jul

How to Stop Someone Damaging Your Good Name on Social Media

“He that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” (Shakespeare) As our lives move increasingly online, more and more of us will be subjected to the distress and damage of online attacks. Whether they are aimed at hurting us personally or at harming our businesses, they can take

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26
Jul

How to Stop Someone Damaging Your Good Name on Social Media

Article courtesy of Law Dot News | Social Media - Litigation, Delict and Civil Claims How to Stop Someone Damaging Your Good Name on Social Media “He that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” (Shakespeare) As our lives move increasingly online, more and more of us will
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27
Jun

“Bad Dog!” Why a Husky’s Owner Must Pay R100,000 Damages

Article courtesy of Law Dot News | Delict and Civil Claims “Bad Dog!” Why a Husky’s Owner Must Pay R100,000 Damages “…in general, ownership of an animal should carry with it strict liability for any harm done by the animal.” (Extract from judgment below) Owning a pet comes with both joys and responsibilities, and a recent High Court award of
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24
Feb

Can You Claim Damages After Hitting a Pothole?

Article courtesy of Law Dot News | Delict and Civil Claims - Claim Damages Can You Claim Damages After Hitting a Pothole? “The American Automobile Association estimated in the five years prior to 2016 that 16 million drivers in the United States have suffered damage from potholes to their vehicle including tire punctures, bent wheels, and damaged suspensions with a
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28
Nov

A “Running Down” Damages Claim – Elite Athlete v Happy Snapper

Article courtesy of Law Dot News | Delict Claims & Civil Claims A “Running Down” Damages Claim “This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both
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30
Mar

Property Owner and Body Corporate Liable After Child’s Electrocution?

A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable lessons for property owners, contractors,

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30
Mar

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Article courtesy of Law Dot News | Business Law - Delict and Civil Claims “Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that
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25
Nov

When Can a Shop Be Sued for Damages If a Customer Falls?

Article courtesy of Law Dot News | Delict and Civil Claims When Can a Shop Be Sued for Damages If a Customer Falls? “… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises

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