The Law of Delict in South Africa

Third Edition

Edited by Max Loubser, Rob Midgley, Phumelele Jabavu, James Linscott, AndréCO Mukheibir, Liezel Niesing, Devina Perumal, Priya P. Singh, and Bernard Wessels

The text is positioned as a progressive treatment of the law of delict (a social justice approach) by presenting a 'de-colonising / Africanising' analysis of legal precedent, and by drawing a stronger connection between the common law of delict and the Constitution.
The text is positioned as a modern treatment of the law of delict, by integrating a focus on the modern technological / digital context.
The text is presented with various resources which support teaching and learning, and which ensure that students receive optimal value and support of their learning.

The Law of Delict in South Africa

Third Edition

Edited by Max Loubser, Rob Midgley, Phumelele Jabavu, James Linscott, AndréCO Mukheibir, Liezel Niesing, Devina Perumal, Priya P. Singh, and Bernard Wessels

Description

The Law of Delict in South Africa, third edition, offers an introduction to the general principles of delictual law. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. Thoroughly revised and updated to July 2017, the third edition reflects important legal developments, including new material relating to statutory liability for compensation, a focus on cyber and media issues, conduct and liability, and a discussion which frames the law of delict within the context of a constitutionally transformative, multi-cultural society. The implications of the Electronic Communications and Transactions Act 25 of 2002 and the Protection of Personal Information Act 4 of 2013, within the law of delict, are highlighted. The text supports learning and the development of independent academic skills through challenging and engaging pedagogical features, which bring an applied, critical and reflective approach to the content.

The Law of Delict in South Africa

Third Edition

Edited by Max Loubser, Rob Midgley, Phumelele Jabavu, James Linscott, AndréCO Mukheibir, Liezel Niesing, Devina Perumal, Priya P. Singh, and Bernard Wessels

Part 1 - Introductory Overview
Chapter 1 - INTRODUCTION
Chapter 2 - DELICT AND THE CONSTITUTION
Chapter 3 - DELICT IN A MULTI-CULTURAL SOCIETY
Part 2 - GENERAL PRINCIPLES: PRIMARILY FACT-BASED ISSUES
Chapter 4 - HARM
Chapter 5 - CONDUCT
Chapter 6 - FACTUAL CAUSATION
Part 3 - GENERAL PRINCIPLES: PRIMARILY NORMATIVE ISSUES
Chapter 7 - LEGAL CAUSATION
Chapter 8 - FAULT
Chapter 9 - WRONGFULNESS
Chapter 10 - GROUNDS OF JUSTIFICATION: DEFENCES DIRECTED AT THE
Part 4 - EXCLUSIONS
Chapter 11 - LIABILITY IN CONTRACT EXCLUDING ACTION IN DELICT
Chapter 12 - EXEMPTION CLAUSES
Chapter 13 - PRESCRIPTION
Part 5 - SPECIAL FORMS OF LIABILITY INVOLVING PATRIMONIAL HARM, AND PAIN
Chapter 14 - OMISSIONS
Chapter 15 - NEGLIGENT MISSTATEMENTS
Chapter 16 - PURE ECONOMIC HARM
Chapter 17 - INTERFERENCE WITH CONTRACTUAL RELATIONS
Chapter 18 - UNLAWFUL COMPETITION
Chapter 19 - PRODUCT LIABILITY
Chapter 20 - BREACH OF A STATUTORY DUTY
Chapter 21 - PUBLIC AUTHORITIES
Chapter 22 - PROFESSIONAL LIABILITY
Chapter 23 - INJURY OR DEATH OF ANOTHER PERSON
Part 6 - SPECIAL FORMS OF LIABILITY: PSYCHOLOGICAL OR EMOTIONAL HARM
Chapter 24 - PAIN AND SUFFERING
Chapter 25 - EMOTIONAL SHOCK
Part 7 - SPECIAL FORMS OF LIABILITY: PERSONALITY INTERESTS
Chapter 26 - INFRINGEMENTS OF BODILY INTEGRITY
Chapter 27 - INFRINGEMENTS OF DIGNITY
Chapter 28 - INFRINGEMENTS OF PRIVACY
Chapter 29 - INFRINGEMENTS OF IDENTITY
Chapter 30 - INFRINGEMENTS OF REPUTATION
Chapter 31 - GROUNDS OF JUSTIFICATION ASSOCIATED WITH INFRINGEMENTS OF
Part 8 - STRICT AND VICARIOUS LIABILITY
Chapter 32 - STRICT LIABILITY
Chapter 33 - VICARIOUS LIABILITY
Part 9 - REMEDIES AND APPORTIONMENT
Chapter 34 - REMEDIES
Chapter 35 - REDUCTION AND APPORTIONMENT OF DAMAGES
Part 10 - STATUTORY FORMS OF COMPENSATION
Chapter 36 - LEGAL AND PUBLIC POLICY CONSIDERATIONS THAT HAVE JUSTIFIED THE
Chapter 37 - THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130
Chapter 38 - ROAD ACCIDENT FUND ACT 56 OF 1996
Chapter 39 - STRICT LIABILITY FOR HARM CAUSED BY GOODS: SECTION 61 OF THE