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Delict and Civil Claims

27
Jun

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

By Bosse & Associates Comments are Off , ,

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?

By Bosse & Associates Comments are Off , ,

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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Interracial family, happy portrait and parents on the living room sofa with children, relax in lounge together and smile on the couch. Kids, mother and father with love for senior people in house
28
Nov

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

By Bosse & Associates Comments are Off

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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Child open water valve
30
Mar

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

By Bosse & Associates Comments are Off

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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Workers Using Hand Pallet Jack Unloading Package Boxes into Carg
30
Mar

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

By Bosse & Associates Comments are Off , , ,

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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When Can a Shop Be Sued for Damages If a Customer Falls?
25
Nov

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

By Bosse & Associates Comments are Off

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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Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
26
Aug

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

By Bosse & Associates Comments are Off

“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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Violence and Looting – Can You Sue SAPS?
27
Jul

Violence and Looting – Can You Sue SAPS?

By Bosse & Associates Comments are Off , , ,

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

By Bosse & Associates Comments are Off , , ,

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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Does Your Dog Bite? Your (Substantial) Risk Remains
28
Oct

Does Your Dog Bite? Your (Substantial) Risk Remains

By Bosse & Associates Comments are Off

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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