The claim by a company, that had done business with a clearing and forwarding agent company, made under section 218(2) of the Companies Act, 2008, which was based on the company having carried on its business recklessly, failed. Section 218 creates liability for any person “who contravenes any provision of this Act”. The claimant failed to identify
Claims
Delict and Working Backwards from Unfavourable Outcome
By Donald Dinnie on
In this Supreme Court of Appeal judgment 21.pdf (saflii.org) in a claim for medical negligence damages, the court again cautioned against commencing with an unfavourable outcome and working backwards in search of a cause.
South African and other courts have cautioned that a doctor should not be held negligent simply because something went wrong. That…