Unit 3 Cases Flashcards

(9 cards)

1
Q

Gijezen v Verrinder

A
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2
Q

Min Safety and Security v Hamilton

A
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3
Q

Western Cape,Premier v Faircape Properties

A
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4
Q

S v Dhlamini

A

Involuntary Conduct
Act Mechanically

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5
Q

S v Erwin

A

Automatism NOT a defence
Impulsiveness and Spontaneous

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6
Q

Wessels v

A

Negligent prior conduct

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7
Q

Molefe

A

Onus of Proof

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8
Q

Coetzee v SA Railways
Jowell

A

1) the court held that a person cannot sue solely for prospective damages

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9
Q

Molefe v Mahaeng

A

held that if successfully established, [“sane”]
automatism is a complete defence in the law of delict; conduct must be voluntary in order for a D to be held liable for harm caused by it; courts must scrutinise automatism defences with
the utmost care; the P [in this case] had not managed to prove on a balance of probabilities that the D had acted voluntarily

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