Rodney Ulyate's Reviews > The Law of Delict in South Africa: Private Law

The Law of Delict in South Africa by Rob Midgley
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Sep 26, 2011

really liked it
bookshelves: law, law-of-south-africa, delict, recommended-campbell-jonathan-law, africa, south-africa
Read from June 15 to November 14, 2012 — I own a copy , read count: 1

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Reading Progress

06/16/2012 page 31
6.0% "'Although the fundamentals have been proven to stand the test of time, the principles of delict, after all, are vibrant, living principles and should reflect contemporary values.'"
06/16/2012 page 66
14.0% "'The amenities of life may further be described, I consider, as those satisfactions in one's everyday existence which flow from the blessings of an unclouded mind, a healthy body, and sound limbs.'"
06/17/2012 page 99
22.0% "'The problem is a practical rather than an intellectual one. It is easy and usual to bedevil it with subtleties, but the attitude of the law is that expediency and good sense dictate that for practical purposes a line has to be drawn somewhere, and that, in drawing it, the court is to be guided by the practical experience of the reasonable man rather than by the theoretical speculations of the philosopher.'"
09/02/2012 page 121
26.0% "'After the event, even a fool is wise. But it is not the hindsight of a fool; it is the foresight of the reasonable man which alone can determine responsibility.'"
09/03/2012 page 139
30.0% "'The general term "fault" denotes both intent and negligence, and proof of fault is concerned with blameworthiness on the part of defendants. There must be capacity for fault on the part of a defendant. Therefore, the first step towards establishing fault is to determine whether the defendant is accountable.'"
10/08/2012 page 165
35.0% "'A man who consents to suffer an injury can as a general rule have no right to complain.'"
10/10/2012 page 199
43.0% "'No-one should be encouraged to take the law into his own hands.'"
10/11/2012 page 252
54.0% "'His conduct amounts to deliberate misappropriation of a business asset which was acquired by another's skill and industry. It is difficult to appreciate how this conduct differs in principle from the conduct of a man who steals goods from the shelves of a rival's shop.'"
10/18/2012 page 286
62.0% "'Lack of skill or knowledge is not per se negligent. It is, however, negligent to engage voluntarily in any potentially dangerous activity unless one has the skill and knowledge usually associated with the proper discharge of the duties connected with such an activity.'"
10/18/2012 page 312
67.0% "'An arrest constitutes an interference with the liberty of the individual concerned, and it therefore seems to be fair and just to require that the person who arrested or caused the arrest of another person should bear the onus of proving that his action was justified in law.'"
10/19/2012 page 346
75.0% "'Privacy recognises that we all have a right to a sphere of private intimacy and autonomy which allows us to establish and nurture human relationships without interference from the outside community. The way in which we give expression to our sexuality is at the core of this area of private intimacy.'"
10/22/2012 page 359
78.0% "'The truth is the truth, no matter what the motives.'"
10/26/2012 page 374
81.0% "'It seems clear that an act done by a servant solely for his own interests and purposes, although occasioned by his employment, may fall outside the course or scope of his employment, and that in deciding whether an act by the servant does so fall, some reference is to be made to the servant's intention. The test is in this regard subjective.'"
10/26/2012 page 374
81.0% "'It seems clear that an act done by a servant solely for his own interests and purposes, although occasioned by his employment, may fall outside the course or scope of his employment, and that in deciding whether an act by the servant does so fall, some reference is to be made to the servant's intention. The test is in this regard subjective.'"
11/13/2012 page 402
87.0% "'Any enquiry into damages for loss of earning capacity is of its nature speculative because it involves a prediction as to the future, without the benefit of crystal balls, soothsayers augurs or oracles. All that the court can do is to make an estimate, which is often a very rough estimate, of the present value of the loss.'"

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