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South Africa · 3rd Year · Law of Delict

Elements & Leading Cases

Aquilian liability and beyond.

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  1. 1.The five elements of a delict?

    Conduct, wrongfulness, fault, causation and harm (damage).

    Common law

  2. 2.Three main actions in the law of delict?

    Actio legis Aquiliae (patrimonial loss), actio iniuriarum (infringement of personality), and the action for pain and suffering (non-patrimonial loss from bodily injury).

    Common law

  3. 3.Kruger v Coetzee 1966 — test for negligence?

    Would a diligens paterfamilias in the defendant's position have foreseen the reasonable possibility of harm and taken reasonable steps to guard against it, and did the defendant fail to take those steps?

    1966 (2) SA 428 (A)

  4. 4.International Shipping Co v Bentley 1990 — causation?

    Causation has two stages: factual causation (the conditio sine qua non / but-for test) and legal causation (a flexible test of whether the link is sufficiently close).

    1990 (1) SA 680 (A)

  5. 5.Carmichele v Minister of Safety and Security 2001 — held?

    Courts are obliged to develop the common law of delict in line with the spirit, purport and objects of the Bill of Rights (s 39(2)).

    2001 (4) SA 938 (CC)

  6. 6.K v Minister of Safety and Security 2005 — held?

    The State was vicariously liable for the rape of a woman by on-duty police officers, because of the close connection between their conduct and their employment.

    2005 (6) SA 419 (CC)