Category: Cause: delict

Adjudication statutory appeal: Claim outside jurisdiction

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Collective misconduct reconsidered: Intended harm proved

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Defamatory statements penalised: Lawyer protected

Katz v Welz (Chaucer Publications) Defamatory statements made and published concerning a prominent attorney penalised in an action for damages which is one that seeks to protect the personal rights of persons, including the...

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Athlete spectator collision: Keep proper lookout

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Employment related injuries: Employer and vicarious liability

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

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Bargaining council chairperson: No defence to defamation

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

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Trade mark confusion: Determining possible deception?

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

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Delictual damages claim: Exception principles discussed

Fawu vs Umbhaha Estates (Pty) Ltd In considering delictual damages claim the high court detailed the protest action of Fawu comprehensively and in great detail in amended particulars of claim including dates when each action was...

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Faulty foundations constructed: Special resolution needed?

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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