Delict and Civil Claims

You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?

Article courtesy of Law Dot News | Delict Claims |Civil Claims | Property Neighbours’ Facebook Feud... “Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a communityRead more

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of her ginger beer.) A simple

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“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels, sporting venues and the like. Usually, they read something along the lines of: “All persons enter at

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“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can be a very costly business

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Article courtesy of Law Dot News | Delict and Civil Claims - False Accusations Sour Grapes? Don’t Make Accusations Unless They’re True “I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true.Read more

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 damagesRead more

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 shoppersRead more

“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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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 willRead more