Law Of Delict 8th Ed – Neethling

He, therefore, cunningly persuades her to undertake a journey by motor car from Durban to Johannesburg, in the expectation that she might die in an accident on Van Reenen’s pass. As suggested by X, Y drives her own car. During bad weather in the mountain pass in question, Y loses control over her car and she dies when the vehicle tumbles down the mountain, as X had envisaged.175 There is without any doubt a factual causal nexus176 between X’s conduct and Y’s death.

Wrongfulness is also present as a result of the infringement of Y’s bodily integrity without a ground of justification,177 as well as X’s evil motive.178 In other words, the law will hardly consider X’s causing of Y’s death as lawful. Intent,179 in addition, is present if (i) the wrongdoer (X) actually foresaw that his conduct would (possibly) lead to the consequence involved (Y’s death), and (ii) actually foresaw that the consequence in the circumstances would (possibly) be wrongful (and, in addition, reconciled himself with these possibilities).

The view that a wrong- doer is liable for the consequences that are covered by his intent180 and that “intended conse- quences can never be too remote”,181 now necessitates the conclusion that X, in the absence of a ground of justification, will be liable for Y’s death. Nevertheless, the vast majority of jurists ________________________ 175 See Van Rensburg Normatiewe Voorsienbaarheid 14–15. This example must be distinguished from the following type of situation.

Suppose A has an adulterous relationship with B’s wife. B assaults A with a leaden pipe with the intention of killing him or at least maiming him to such an extent as to paralyse him and render him incapable of continuing his adulterous activities. B fractures A’s collarbone with only one blow before bystanders step in and end the assault.

A is taken to hospital by ambulance for treatment. The ambulance is involved in an accident and A suffers serious head injuries. The head injuries cause A to suffer from manic depression for which he is treated with the recognised remedy parstellin. During the treatment he eats cheese which, together with the parstellin, leads to a stroke.

Law of Delict is intended to be a comprehensive introduction to the general principles of delic- tual liability and the most important forms of delict. It is primarily aimed at students in so far as we sought to deal systematically and critically with the most important principles of the law of delict. Although it was not our aim to provide an exhaustive discussion of positive law, practi- tioners should also find the book useful since we cite and discuss the most authoritative sources (case law and legislation).

The eighth edition of Law of Delict is a comprehensive revision and update of Neethling- Potgieter-Visser Law of Delict (7th edition, 2015) in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view. In particular, special attention was given to the continuing debate on delictual principles that has taken place in academic and judicial circles since the appearance of the previous

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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