Tort / Personal Injury

Law of Delict in South Africa, 3rd Edition

Edited by Rob Midgley · Max Loubser · André Mukheibir · Devina Perumal · Liezel Niesing
Oxford University Press May 2018

Specifications

ISBN-13
9780190411480
Publisher
Oxford University Press
Publication
May 2018
Format
Paperback , 544 pages
Jurisdiction
South Africa ? Countri(es) for reference only

Details

  • Clear, accessible and appropriate for LLB students. The text offers a rigorous introduction to the subject whilst supporting understanding and language development.
  • Provides rich context to support understanding.
  • Focuses on the development of academic skills, assisting students to engage with the subject interactively and to build independent reasoning skills.
  • The structure of the text assists to build understanding and supports practical application, by reflecting the process of enquiry which would be followed when investigating a delictual matter.
  • Offers the correct scope and level of content for undergraduate students.
  • Ancillary materials to support teaching and learning.


The book is a true student textbook that combines a strong theoretical foundation with a practical applied approach. A clear, concise yet rigorous introduction to the general principles of delictual law. 
Revised and updated, the second edition focuses more strongly on problem solving application. 
The text supports learning and the development of independent academic skills through various learning features which bring an applied, critical and reflective approach to the content. 
The structure of the book reflects the logical and systematic process of enquiry that is followed when assessing or preparing for a delictual matter, and it reflects clearly the distinctions between the Aquilian action, Germanic action and Actio iniuriarum
Pedagogically developed as a learning resource for students with varying backgrounds and skills levels. 
Supported by ancillary teaching materials which assist in teaching and learning.

Readership: This title is core material for the course in the law of delict, an undergraduate module of the LLB degree.

Table of Contents

1: Introduction
2: Delict and the Constitution
3: Harm
4: Conduct
5: Factual Causation
6: Legal causation
7: Fault
8: Wrongfulness
9: Grounds of Justification
10: Liability in Contract excluding Action in Delict
11: Exclusion of Employers' Liability by the Compensation for Occupational Injuries and Diseases Act 130 of 1993
12: Exemption Clauses
13: Prescription
14: Omissions
15: Negligent Misstatements
16: Pure Economic Harm
17: Interference with Contractual relations
18: Unlawful Competition
19: Product Liability
20: Breach of a statutory duty
21: Public authorities
22: Professional liability
23: Injury or death of another person
24: Road Accident Fund Act 56 of 1996
25: Pain and suffering
26: Emotional shock
27: Infringements of bodily integrity
28: Infringements of dignity, privacy and identity
29: Infringements of reputation
30: Grounds of justification associated with infringements of personality interests
31: Strict liability
32: Vicarious liability
33: Damages, retraction and apology, and interdict
34: Reduction and apportionment of damages

About the Author

Edited by Rob Midgley, Edited by Max Loubser, Edited by André Mukheibir, Edited by Devina Perumal, and Edited by Liezel Niesing

The authors are senior, well-respected experts in the field. Prof Midgley is Deputy Vice Chancellor (Research) at University of Fort Hare.

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