|
South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Aquilia
The ''lex Aquilia'' was a Roman law which provided compensation to the owners of property injured by someone's fault, set in the 3rd century BC, in the Roman Republic. This law protected Roman citizens from some forms of theft, vandalism, and destruction of property. The provisions of the Lex Aquilia The ''lex Aquilia'' (strictly, a plebiscite) was possibly enacted in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from ''damnum iniuria datum'', "damage unlawfully inflicted", a kind of a delict (or tort), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law. Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slaves or herd animal (''pecus'') should pay the owner the highest value that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrateur, Natal V Trust Bank Van Africa Bpk
''Administrateur, Natal v Trust Bank van Africa Bpk'' is an important case in South African law of delict, in particular in the area of negligent misstatements. It was heard in the Appellate Division on March 5, 1979, with judgment handed down on May 25, 1979. The court found that the Afrikaans term ''nalatige wanvoorstelling'', a translation of "negligent misrepresentation," does not reflect, in connection with negligent misrepresentation as a delictual ground of action, the essential problem in South African law; it created instead the impression of a representation in a contractual context. In a contractual context, "misrepresentation" has a somewhat legal-technical meaning. It must be, for example, a representation of an existing fact; therefore, it does not normally embrace the expression of an opinion or the giving of advice, which requirement is not necessarily applicable to a "negligent misrepresentation." The court suggested that perhaps the expression ''nalatige wanbewerin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice V Hofmeyr ''
{{disambiguation ...
Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government with the rank of a normal minister but who doesn't head a ministry ** Shadow minister, a member of a Shadow Cabinet of the opposition ** Minister (Austria) * Minister (diplomacy), the rank of diplomat directly below ambassador * Ministerialis, a member of a noble class in the Holy Roman Empire * ''The Minister'', a 2011 French-Belgian film directed by Pierre Schöller See also *Ministry (other) *Minster (other) *''Yes Minister ''Yes Minister'' is a British political satire sitcom written by Antony Jay and Jonathan Lynn. Comprising three seven-episode series, it was first transmitted on BBC2 from 1980 to 1984. A sequel, ''Yes, Prime Minister'', ran for 16 episodes fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maisel V Van Naeren
Maisel () is a surname. Notable people with the surname include: * Alan Maisel * Charlie Maisel * David Maisel, Marvel Studios producer * Ernst Maisel * Fritz Maisel * George Maisel * Ileen Maisel * Ivan Maisel, sports writer * Jay Maisel * Mordechai Maisel * Shiah Maisel, singer See also * Brauerei Gebr. Maisel, German brewery * Maisel Brau Bamberg, defunct German brewery * Maisel European Gallery Collection, see Mobile Museum of Art * Maisel Oil Company, defunct Scottish company * Maisel Synagogue * Maisel's Indian Trading Post, Albuquerque, New Mexico * ''The Marvelous Mrs. Maisel ''The Marvelous Mrs. Maisel'' is an American period comedy-drama television series, created by Amy Sherman-Palladino, that premiered on March 17, 2017, on Amazon Prime Video. Set in the late 1950s and early 1960s, it stars Rachel Brosnahan as M ...'', American television program * Meisel {{surname, Maisel Jewish surnames German-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Chretien
In ''S v Chretien'', an important case in South African criminal law, especially as it pertains to the defence of automatism, the Appellate Division held that even automatism arising out of voluntary intoxication may constitute an absolute defence, leading to a total acquittal, where, ''inter alia'', the accused drinks so much that they lack criminal capacity. Seven years later, the legislature intervened to limit the destructive consequences of this decision, enacting section 1(1) of the Criminal Law Amendment Act, in "a vain attempt to reflect public sentiment on intoxication." In so doing, however, "the Legislature simply compounded the problems." Modelled on the German penal code, this provision created the special statutory offence of committing a prohibited act while in a state of criminal incapacity induced by the voluntary consumption of alcohol. It requires the prosecution to prove, beyond a reasonable doubt, that the accused is not liable for a common-law offence becaus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Campher
S, or s, is the nineteenth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ess'' (pronounced ), plural ''esses''. History Origin Northwest Semitic šîn represented a voiceless postalveolar fricative (as in 'ip'). It originated most likely as a pictogram of a tooth () and represented the phoneme via the acrophonic principle. Ancient Greek did not have a phoneme, so the derived Greek letter sigma () came to represent the voiceless alveolar sibilant . While the letter shape Σ continues Phoenician ''šîn'', its name ''sigma'' is taken from the letter ''samekh'', while the shape and position of ''samekh'' but name of ''šîn'' is continued in the '' xi''. Within Greek, the name of ''sigma'' was influenced by its association with the Greek word (earlier ) "to hiss". The original name of the letter "sigma" may have been ''san'', but due to the complic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eskom V Hendriks
Eskom Hld SOC Ltd or Eskom is a South African electricity public utility. It was established in 1923 as the Electricity Supply Commission (ESCOM) and was also known by its Afrikaans name Elektrisiteitsvoorsieningskommissie (EVKOM). Eskom represents South Africa in the Southern African Power Pool. The utility is the largest producer of electricity in Africa, and was among the top utilities in the world in terms of generation capacity and sales, but due to the ANC and incompetence has since slipped in both categories. It is the largest of South Africa's state owned enterprises. Eskom operates a number of notable power stations, including Matimba Power Station and Medupi Power Station in Lephalale, Kusile Power Station in Witbank, Kendal Power Station, and Koeberg Nuclear Power Station in the Western Cape Province, the only nuclear power plant in Africa. The company is divided into Generation, Transmission and Distribution divisions, and together Eskom generates approximately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weber V Santam
Weber (, or ; German: ) is a surname of German origin, derived from the noun meaning " weaver". In some cases, following migration to English-speaking countries, it has been anglicised to the English surname 'Webber' or even 'Weaver'. Notable people with the surname include: Disambiguation of common given names with this surname * Arthur Weber (other), several people * Ben Weber (other), several people * Bruce Weber (other), several people * Bruno Weber (other), several people * Carl Weber (other), several people * Charlie Weber (other), several people * Charles Weber (other), several people * Christiane Weber (other), several people * David Weber (other), several people * Ernst Weber (other), several people * Friedrich Weber (other), several people * Georg Weber (other), several people * George Weber (other), several people * Gerard Weber (other) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Leach Brain
Smith may refer to: People * Metalsmith, or simply smith, a craftsman fashioning tools or works of art out of various metals * Smith (given name) * Smith (surname), a family name originating in England, Scotland and Ireland ** List of people with surname Smith * Smith (artist) (born 1985), French visual artist Arts and entertainment * Smith (band), an American rock band 1969–1971 * ''Smith'' (EP), by Tokyo Police Club, 2007 * ''Smith'' (play), a 1909 play by W. Somerset Maugham * ''Smith'' (1917 film), a British silent film based on the play * ''Smith'' (1939 film), a short film * ''Smith!'', a 1969 Disney Western film * ''Smith'' (TV series), a 2006 American drama * ''Smith'', a 1932 novel by Warwick Deeping * ''Smith'', a 1967 novel by Leon Garfield and a 1970 TV adaptation Places North America * Smith, Indiana, U.S. * Smith, Kentucky, U.S. * Smith, Nevada, U.S. * Smith, South Carolina, U.S. * Smith Village, Oklahoma, U.S. * Smith Park (Middletown, Connecticut) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
