Category: Delict and Civil Claims

A Pothole Causes You to Crash. Can You Sue the Government?
, Delict and Civil Claims

A Pothole Causes You to Crash. Can You Sue the Government?

In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg. The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets
, Delict and Civil Claims, Property

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

“Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a…

Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation
, Delict and Civil Claims

Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision…

Disclaimer Notices: How to Strengthen Yours
, Delict and Civil Claims

Disclaimer Notices: How to Strengthen Yours

“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably…

Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m
, Delict and Civil Claims

Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m

“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology…

Sour Grapes? Don’t Make Accusations Unless They’re True
, Delict and Civil Claims

Sour Grapes? Don’t Make Accusations Unless They’re True

“I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you…

Suing for a Supermarket “Slip ‘n Trip” – What Must You Prove?
, Delict and Civil Claims

Suing for a Supermarket “Slip ‘n Trip” – What Must You Prove?

“The path is smooth that leadeth on to danger” (William Shakespeare) Tripping over aisle blockages or slipping on floors made slick by spillages can happen in even the best-managed supermarkets, and injured…

Property Owner and Body Corporate Liable After Child’s Electrocution?

Property Owner and Body Corporate Liable After Child’s Electrocution?

A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s…

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?
, Delict and Civil Claims

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

“Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind…

When Can a Shop Be Sued for Damages If a Customer Falls?
, Delict and Civil Claims

When Can a Shop Be Sued for Damages If a Customer Falls?

“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps…