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Pure economic loss arises where a third party suffers a loss without there being injury or damage. In Minister of Home Affairs v Rahim & Others the Constitutional Court had to determine when the breach of a public … JUDGMENT CAMBANIS AJ . Helpful? ABSA BANK LIMITED RESPONDENT . Not reportable. CHANTEL FLUSK PLAINTIFF. Comments. Previously, a delictual action for adultery was recognised in South African law, however, the aggrieved spouse could only sue the third party for damages and not the adulterous spouse. Please sign in or register to post comments. Conduct must be wrongful (unreasonable … South Africa and global insurance, financial institutions, banking and general law know–how. The SCA’s recent ruling in Odinfin (Pty) Ltd v Reynecke (906/2016) ZASCA 115 (21 September 2017) is one that clarifies the legal position pertaining to delictual liability for pure economic loss arising from a breach of administrative law. [39] In the instant case, the plaintiff seems to claim what are in essence delictual damages under the head of contractual damages, a course that is impermissible as the two types of damages, as stated above, cater for different types of scenarios and causes of action. DAMAGES IN SOUTH AFRICAN LAW 2.1 Introduction 6 2.2 Relevance of historical development 6 . Home » delictual claim. The judgment of Nicholls J has given some clarity on the nature of a s 65 damages action as being delictual and has confirmed confidence in the approach by the courts to make use of experts and economic models in order to equip the court in making the best possible estimation for purposes of performing a damages assessment. Merilyn Zulu. Patrimonial damages, is also called “special damages”. Jurisdictional points: Cause of action based on implied terms of contract. Damages based on based … October’s free LexisNexis Case Law Index is available – Sign up here . In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered. 25/10/2017. Kruger v Coetzee 1966 (2) SA 428 (A) Law of Delict Quizzes Cases Table Law of delict Q & A - Possible questions and answers. Act 37 of 2002 (FAIS Act), acted wrongfully, in the delictual sense, in debarring an employee who was a representative in terms of s 14 of the FAIS Act without affording him procedural fairness as required by s 3 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and whether such compliancenon- entitled the latter to delictual damages. INTRODUCTION [1] This is a claim for delictual damages. The criterion employed in determining whether a particular infringement of interests is unlawful, is public policy. And. In terms of section 35(1) of COIDA, the Act creates statutory insurance that entitles an employee and his or her dependants to claim compensation on account of an accident in the workplace. [23] It seems to me that the contractual issue and the delictual issue are the face and reverse of the same coin. Delict Notes (Term 1) 3. 2 0. Neethling J and Potgieter JM Neethling-Potgieter-Visser Law of Delict 6th ed (Lexis Nexis Durban 2010) Ogus Law of Damages . It means that you are allowed to claim the monetary equivalent of the actual loss you suffered. Share. Related Studylists. South Africa: South African Constitutional Court Rules On Compensation For Domestic Workers ... of domestic workers under COIDA means that the only remedy currently available to domestic workers is a common law delictual claim for damages, which is fault-based. Tag: delictual claim. 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