Tag: 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

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 | 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 ofRead more

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 aRead more