Tag: omission

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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Delictual liability omission: Negligence and wrongfulness

The Supreme Court of Appeal allowed the appeal and held that wrongfulness is not presumed.  Regard must be had to considerations of public and legal policy.  It depends on a legal duty and whether or not it would be reasonable...

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