FJD Brand Archives - GilesFiles

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Delictual liability: loss of support after tragic death

On 27 June 2009 a married man and father of three young children died tragically when he slipped on ice and fell to his death over a sheer snow covered precipice at Conical Peak, one of the highest mountain peaks in the Western...

Delictual liability omission: Negligence and wrongfulness

by GilesFiles | Mar 25, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Delict, Insights, Judges, Landmark judgments, Management, Policies - all, Retired judges, Risks, SCA judges, Supreme Court of Appeal, Topics | 1 |

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...