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Tort Law in South Africa by LOUBSER

Tort Law in South Africa

By Max Loubser


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in South Africa. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in South Africa. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Publish Date 10/20/2020
Product Line Kluwer Law International
ISBN 9789403526232
SKU 10085182-0001
Table of Contents

The Author

List of Abbreviations

General Introduction

Part I. Liability for One’s Own Acts

Chapter 1. General Principles

Chapter 2. Specific Forms of Liability

Part II. Liability for Acts of Others

Chapter 1. Vicarious Liability

Chapter 2. Liability for Other Persons, Things and Animals

Part III. Forms of Strict Liability

Chapter 1. Road and Traffic Accidents

Chapter 2. Liability for Animals

Chapter 3. Liability for Buildings and Structures

Chapter 4. Unlawful Arrest

Chapter 5. Various Statutory Forms of Strict Liability

Chapter 6. Product Liability

Part IV. Defences and Exception Clauses

Chapter 1. Prescription

Chapter 2. Grounds of Justification

Chapter 3. Contributory Fault and Joint Wrongdoers

Chapter 4. Exemption Clauses

Part V. Causation

Part VI. Remedies

Chapter 1. General Principles

Chapter 2. Kinds of Damages

Chapter 3. Assessment and Compensation of Damages

Chapter 4. Personal Injury and Death

Chapter 5. Damage to Property

Chapter 6. Collateral Benefits

Chapter 7. Other Remedies

Selected Bibliography