In September 2024 the High Court dismissed a claimant’s delictual claim for damages arising from an incident in which the claimant allegedly tripped and fell over a metal skirting at the premises managed by the property owner. The claimant alleged that she tripped over metal skirting that was hanging loose. The court found that the
This blog was co-authored by Dylan Hampton, Candidate Attorney.
In the Ross and Another v Nedbank Limited case, the plaintiffs instituted an action against the defendant bank, for breaching its duty of care owed to the plaintiffs. The delictual claim alleged that the bank negligently allowed the withdrawing of money from a third-party account belonging
The May 2021 Supreme Court of Appeal judgment is a useful reminder that liability in a delictual claim based on vicarious liability is a form of liability which is imposed upon one person for the wrongful and unlawful conduct of another. It is, in essence, a strict liability. The liability arises through no fault of