Five books dealing with law of delict in south africa

It happened over about 20 years, between 1880 and 1900, when britain and france in particular but also belgium, portugal to a lesser extent, and latterly. The law of delict in south africa paperback by phumelele jabavu, james linscott, andre c mukheibir, and a great selection of related books, art and collectibles available now at. It is in legislation, in particular, that the requirement of fault as a prerequisite for compensatory liability has been dispensed with in certain cases. Law of delict in south africa law of delict in south africa format. Available in online and in print as 63 hard cover title volumes and a 2 volume lawsa supplement. There are five essential elements for liability in terms of the actio legis. This book collects the key materials on administrative law in south africa in a. South african law and sri lanka also use the law of delict as opposed to torts. Project 82, a compensation system for victims of crime in south africa has observed that. Rob midgley author of the law of delict in south africa. Get free delivery to all exclusive books stores nationwide. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic of south africa, 1996 hereinafter the constitution. Faculty of law law of delict 2018 rhodes university. This guide provides an outline of the main aspects of the zimbabwean law of delict.

The word delict is derived from the latin word delictum, meaning a wrong. Tort law also evolved in the united states under pressure from the growing. South africas law of delict is developing and working itself pure by drawing. Ive read through some of the short passages that you wrote in your previous lecture, regarding a function of the law of delict. Over 250,000 specific summaries are at your disposal. The law of delict in south africa, second edition, provides a clear, concise and rigorous introduction to the general principles of delictual law.

The second series of cases deal with plaintiffs who were the victims of crimes committed. Oxford university press the law of delict in south. Check out the new look and enjoy easier access to your favorite features. Tort lawlaw of delict south africa research guides at.

Access study documents, get answers to your study questions, and connect with real tutors for rdl 3003h. The law of defamation in south africa burchell, jonathan m on. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. It is a much more universal concept than torts but clearly much the same sort of issues are considered.

A proud legacy of empowering generations of south africas finest legal minds. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. The seventh edition of law of delict, appearing simultaneously with the afrikaans version thereof, was revised and updated in the seventh edition of law of delict, appearing simultaneously with the afrikaans version thereof, was revised and updated in toto in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view. The law of south africa is an encyclopedic collection of south african law. Rob midgley is the deputy vicechancellor for academic affairs and research at the university of fort hare. As fleming points out in his book an introduction to the law of torts 2nd ed at pp. The seventh edition of law of delict, appearing simultaneously with the afrikaans. In south african law too we find distinct traces of the develop ment of a field of liability without fault, or liability based on risk.

With summaries written by fellow students, you are guaranteed to be properly prepared for your exams. A delict is defined in paragraph 1 as the act of a person who in a wrongful and culpable way causes harm to another. South africas product liability system did not contemporaneously. The five books considered here aspire to join, or intersect with. Books final papers of the 2016 national symposium on the promise of the. He is a member of the academy of science of south africa and an advocate of the high court of south africa. All law may not conflict with the south african constitution. He was awarded the chancellors prize for best law researcher at unisa in 1997.

Access study documents, get answers to your study questions, and connect with real tutors for pvl 3703. He is professor in the department of private law, and a former dean of the faculty of law, at the university of south africa, pretoria. As has been pointed out, however, in contrast to the casuistic approach of the roman law of delict, the south african law of delict is based. Faculty of law law of delict 2017 rhodes university. Integrating the common law, statutory law and constitutional perspectives, the text provides a rich contextual framework which supports understanding. The law of delict in south africa, third edition, offers an introduction to the general principles of delictual law. Delict as a wilful wrong in the most narrowly construed sense, delict is a latin word and a legal term, which, in some civil law systems, signifies a wilful wrong, similar to the common law concept of tort though differing in many substantive ways. In south africa, the law of delict has been regulated and there are basically five elements that have to be scrutinised and accepted by the courts before the claimant is successful and. Delict is a concept of civil law in which a willfull wrong or an act of negligence gives rise to a legal obligation between the parties, despite the lack of a contract. Prosser and keeton on torts 5 ed at pp 598599 draw attention to the fact that. This statement is controversial, since the history books show us that the original inhabitants were. We recommend the following south african law books or guides for you to gain knowledge and understanding of the law. The south african common law elaborates a set of general principles in terms of which liability for loss is allocated.

Although the south african law of delict still regards fault as the foundation of delictual liability, the first signs of a development in which fault as a requirement for liability is dispensed with in certain circumstances can already be seen, and this cannot be ignored by legal theory and practice. Further, in the case of holzhausen v adsa bank 2000 5 sa 630 sca the. Romandutch law only regarded omissio as wrongful when there was a negative duty to avoid causing injury to others, and not a positive duty to shield others from injury. A cases section follows the main text, containing summaries of salient zimbabwean cases and also of some important south african and english cases. Law of delict write a paragraph about any function of. South africa tort lawlaw of delict search this guide search. He has published in the fields of delict, professional negligence, legal education and dispute resolution. Romandutch law, based on roman law, is the strongest influence on south africa s common law, where delict also falls under the law of obligations. The law of delict the constitution and fundamental human rights. Free delivery to your door on all orders over r450. I read it once and ive never touched it again, wrote stephen clark llb exeter and about to start his bptc.

It includes all the prescribed cases, and the summary of each case. Be the first to ask a question about the law of delict in south africa. Law books we recommend court judgments in south africa. Browse the worlds largest ebookstore and start reading today on the web, tablet, phone, or ereader. Potgieter neethling, potgieter and visser, law of delict 7th ed 2015 the lecturer will draw on both books as well as other relevant texts when. Reforming law of delict zimbabwe legal information institute.

As a starting point, it is essential to realise that all five elements mentioned above must be present before a person can be set to be delictually liable. Books, chapters in books, journal articles and dissertations. From a public sector perspective one must ask about the delictual liability of the. It is to be differentiated from quasidelict which is an unintentional wrong, similar though differing from the common law concept of negligence. Pretoria principle question reasonable person reasonably foreseeable regard relevant rensburg requirement result romandutch law skade smit snyman strafreg south africa. A delict occurs when one party commits a wrong against another. Sabinet strict liability in the south african law of delict. Perspectives on the law of partnership in south africa eboo. Neethling et al and a great selection of related books, art and collectibles available now at. Full lecture notes, incorporated with notes from the textbook. Learning outcomes after completion of unit 1, you should be able to do the following. Administrative law in south africa takes full account of south. Define a delict a delict is the act of a person that in a wrongful and culpable way causes harm to another. Chapter 1 introduction zimbabwe legal information institute.

This list of factors has been referred to with approval in ntshingana v minister of safety and security unreported judgment dated 14 october 2003 under eastern cape division case number 20011639 and phasha v minister of police unreported judgment by epstein aj dated 23 november 2012 under south gauteng high court case number. This should be seen in contrast to the angloamerican common law approach which has distinct tort actions, each with their own peculiar elements which require satisfaction before an action is founded. Students are advised to read the prescribed textbook together with j. See rollin perkins, unwholesome food as a source of liability, 5 iowa l. Oxford university press law of delict in south africa. Loubser ed, midgley ed, mukheiber, niesing, perumal the law of delict in south africa 2ed 2012 nb. I know this is partly because the subject is still new to you. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. Past, present and future juta and jutastat are names synonymous with south african legal publishing and a.

This could be along the lines of the road accident fund in south africa. This means that all five the elements of a delict must be present to hold someone liable for a. I wonder if you might be able to run me through your history with south africa. The best books on nelson mandela and south africa, recommended by john carlin nelson mandela was a most unusual and unusually astute leader, says. This is by far the best textbook on the south african law of delict tort. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. He is also professor emeritus and a former dean of law at rhodes university. The south african law of delict engages primarily with the circumstances in which one person. Find all the books, read about the author, and more. There are many other law books and it is difficult to appreciate which of them will best meet your particular needs and how to buy them.

South africas law of delict is developing and working itself pure by drawing from south africas fountain of justice, namely the spirit, purport, and objects of its bill of rights, the u. Delict in roman law fell under the law of obligations. To see what your friends thought of this book, please sign up. Law of delict south africa at university of south africa. Examples of negligence or delict chadwicks risk and. South african common and customary law of intestate. The following diagram indicates where the law of delict fits into the whole system of law. Aquilian liability in south african law of delict print isbn 97814855579. List the five elements of a delict act wrongfulness fault causation harm name the three actions that are described as the pillars of our law of delict actio legis aquiliae actio iniuriarum. The book offers readers who are passionate about aviation a deep insight into the art of safe flying. The author has passed away, and the book will become progressively dated. South african family law provides law students and practitioners with a thorough.