The Law of Delict in South Africa
Description
The Law of Delict in South Africa provides a rich source of expertise and a lively and approachable introduction to the principles of the law of delict.
Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Designed to reflect the content of an undergraduate LLB course, the book provides thorough and informative coverage of all the important topics within the subject. The structure of the book reflects the logical and systematic process of enquiry which would be followed when assessing or preparing for a delictual matter, and it reflects clearly the distinctions between the Aquilian action, Germanic action, and Actio Iniuriarum.
The Law of Delict in South Africa includes several features to support student learning and to inspire independent, critical
and reflective engagement with the subject. The book is also a useful resource for legal practitioners wishing to clarify n ew or foundational principles of the field.
Contents
Part 1: Introductory overview
1.
Introduction
2.
Delict and the Constitution
Part 2: General principles: primarily fact-based issues
3.
Harm
4.
Conduct
5.
Factual causation
Part 3: General principles: primarily normative issues
6.
Legal causation
7.
Fault
8.
Wrongfulness
9.
Grounds of justifi cation: defences directed at the wrongfulness element
Part 4: Exclusions
10.
Liability in contract excluding action in delict
11.
Exclusion of employers liability by the Compensation for Occupational Injuries and Diseases Act 130 of 1993
12.
Exemption clauses
13.
Prescription
Part 5: Special forms of liability: patrimonial harm and pain and suffering
14.
Omissions
15.
Negligent
misstatements
16.
Pure economic harm
17.
Interference with contractual relations
18.
Unlawful competition
19.
Product liability
20.
Breach of a statutory duty
21.
Public authorities
22.
P r ofessional liability
23.
Injury or death of another person
24.
Road Accident Fund Act 56 of 1996
Part 6: Special forms of liability: psychological or emotional harm
25.
Pain and suffering
26.
Emotional shock
Part 7: Special forms of liability: personality interests
27.
Infringements of bodily integrity
28.
Infringements of dignity, privacy and identity
29.
Infringements of reputation
30.
Grounds of justification associated with infringements of personality interests
Part 8: Liability
31.
Strict liability
32.
Vicarious liability
Part 9: Remedies and Apportionment
33.
Remedies
34.
Reduction and apportionment of damages
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