Tag archives: delictual claim

The issue of joinder in the absence of a claim by the plaintiff

By Shrivar Chendip on November 10, 2023 Posted in General

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 … Continue reading

Security companies, vicarious liability and joint wrongdoers

By Donald Dinnie on June 17, 2021 Posted in Insurance

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 … Continue reading