This article is about the recognition of a foetus' claim for pre-natal injuries. Our law recognises the right of a child to claim damages for injuries suffered prenatally. The main difficulty is whether to apply the nasciturus rule or fiction or the ordinary principles of the law of delict....
The author explores the French law of delict, which is based on the fundamental concept of damage. Proof of damage is mandatory in delictual claims. The function of civil responsibility is first of all, to indemnify: it can be independent of fault, but it presupposes damage. Judicial ...
libel - a false and malicious publication printed for the purpose of defaming a living person law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" Based on Wo...
Influence of English Law on the Principles of Delictual Liability in he Law of South Africa, Theit has been repeatedly laid down by the Courts, in an action for defamation animus injuriandiis presumed Lee states, "the injurious mind required by the modern Roman-Dutch law ofdefamation amounts...
If this view were accepted, enrichment would be elevated to the status of a third branch of the law of obligations, alongside contract and delict. In the process, the requirement of impoverishment would be abandoned, the primacy of the principles of equity and fairness would be lost, and the...
JC Van der Walt's Delict—Principles and Cases is back. Updated by JR Midgley to include developments in the law of delict up to 30 June 1997, it provides a welcome alternative to Burchell's Principles of Delict (1993) and Neethling, Potgieter and Visser's Deliktereg (Van Der Walt, J...
Although broader in scope, this type of liability developed from the doctrine of vicarious liability, traditionally applied in the field of delict.During the last few decades, derivative bases of corporate criminal liability have been questioned by legal writers in a number of common-law ...
the rules governing the making of wills are English, whereas thesubstantivelaw of testamentary andintestate successionis largely Roman-Dutch. The law of persons and the law of property are almost purely Roman-Dutch, and the principles of the law of contract and of the law of delict are Roman...
Roman law, the law of ancient Rome. As a legal system, it has affected the development of law in most of Western civilization as well as in parts of the East. It forms the basis for the law codes of most countries of continental Europe and derivative sys