Category: Delict

Contractual & delictual damages: Claims prescribed

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Protection against risk: Pure economic loss

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Damage during protected strike: Just and equitable compensation?

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Disgorging secret profits: Secondment agreements

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

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Intentional criminal conduct: Vicarious liability confirmed

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Unlawful intentional interference: Contractual relationships

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

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Professional negligence claim: Carve-out exception explained

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

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Defamatory statements confirmed: Body Corporate liable

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate‚Äôs evaluation of the evidence in light...

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Misappropriating university funds: Reasonable prospects on appeal?

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

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Derivative misconduct examined: Flawed identification

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Protectable interests confirmed: Restraint and unfair competition

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

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Laying criminal charges: Forfeiting right to discipline?

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