Delict and Civil Claims

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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26
Aug

Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many instances not covered and cover is dependent on the risk that the

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27
Jul

Violence and Looting – Can You Sue SAPS?

Article courtesy of Law Dot News | Delict & Civil Claims Violence and Looting – Can You Sue SAPS? “When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below)
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25
Apr

Landlord Liable for a Tragic “Freak” Flood Drowning

Article courtesy of Law Dot News –  Property & Delict and Civil Claims Landlord Liable for a Tragic “Freak” Flood Drowning “Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners
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28
Oct

Does Your Dog Bite? Your (Substantial) Risk Remains

Article courtesy of Law Dot News Delict & Civil Claims - Does Your Dog Bite? “People are entitled to walk our streets without having to fear being attacked by dogs and, where such attacks occur, they should in most circumstances be able to look to the owner of the dog for recompense” (extract from judgment below) Dog owners (in fact
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28
Jan

Can You Sue a Bad Investment Advisor? It depends…

Article courtesy of Law Dot News Personal Finance - Can You Sue a Bad Investment Advisor? “I always advise people never to give advice” (P. G. Wodehouse) If you want to send shivers down the spine of any investor, mention “Steinhoff”, or “Sharemax”, or any one of the many other spectacular corporate collapses that have plagued both local and overseas
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27
Sep

How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages

Article courtesy of Law Dot News How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages “Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other. How will a judge decide where the truth lies? It’s
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29
Apr

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

Article courtesy of Law Dot News Online Banking & Electronic Payments - Payments in Error! “There’s no such thing as a free lunch” (Economist Milton Friedman) In these days of online banking and electronic payment, it’s not uncommon to find out to your horror that you have made a payment to someone in error, either to the wrong recipient or
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