Wrongfulness Archives

Defaming employee considered: Was there publication?

by GilesFiles | Aug 12, 2025 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Sectors, Special pleas, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Defamatory statements interdicted: Reputational damage protected

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Topics, Trade | 0 |

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Protection against risk: Pure economic loss

by GilesFiles | Jun 10, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Defamatory statements confirmed: Body Corporate liable

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Roman Dutch law, Sectors, Topics | 0 |

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

Wrongful omissions considered: Delictual claim refused

by GilesFiles | Jun 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Delict, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Provincial, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

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Strike action damages: Liability of police

by GilesFiles | Jun 1, 2023 | 2020 onwards, Costs, Courts, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MB Molemela, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Minister of Police v Umbhaba Estates (Pty) Ltd In absence of lack of resources when does failure to act during strike action result in police being held liable for resultant damages? “[29] It is noteworthy that the...

Cancelling arbitration agreement: Consequences?

by GilesFiles | Apr 11, 2023 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

GR Sutherland and Associates (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd In cancelling an arbitration agreement what are the chances that a party will be exposed to prejudicial ‘procedural jockeying’? “[39] All...

Unsubstantiated defamatory statement: Evidence rejected

by GilesFiles | Feb 2, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Private security, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Fraudster intercepting emails:

by GilesFiles | Jan 24, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, Finance, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Topics | 0 |

GRH v BD Fraudster intercepting emails  Essence Fraudster intercepting emails  Decision (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023) Order: 1. The appeal is dismissed with costs, including costs...

Business email compromise: Wrongful and negligent?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Management, Orders, Parties, Personal Information, Personal services, Pleadings: amending, Policies - all, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

H v ENS Inc In context of BEC (business email compromise) when should the law recognise a legal duty of care when invoices are sent for payment? [131] The interests of the defendant as well as the society demand that a legal...

Remoteness and damages claim: Exception disallowed

by GilesFiles | Sep 2, 2022 | 2020 onwards, Applications, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Government, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Legislation, Management, Orders, Parties, Pleadings: amending, Protectable interests, Public policy, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

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Intolerable conduct or behaviour: Failure to complain

by GilesFiles | Apr 29, 2022 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, EEA 1998, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Intolerable, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Wrongfulness