The Apportionment of Damages Act, 1956
Author | : South African Law Commission |
Publisher | : |
Total Pages | : 75 |
Release | : 1996 |
Genre | : Damages |
ISBN | : 9780621175431 |
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Author | : South African Law Commission |
Publisher | : |
Total Pages | : 75 |
Release | : 1996 |
Genre | : Damages |
ISBN | : 9780621175431 |
Author | : Africa, South Union of South Africa |
Publisher | : |
Total Pages | : 42 |
Release | : 1956 |
Genre | : |
ISBN | : |
Author | : Robert Gordon McKerron |
Publisher | : |
Total Pages | : 42 |
Release | : 1956 |
Genre | : Joint tortfeasors |
ISBN | : |
Author | : South African Law Reform Commission |
Publisher | : |
Total Pages | : 152 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Author | : Mathew Grimbeek |
Publisher | : |
Total Pages | : |
Release | : 2013 |
Genre | : |
ISBN | : |
This study will follow the development of the rules pertaining to apportionment of damages, with particular emphasis on the Apportionment of Damages Act 34 of 1956 (the Act) and its applicability to contractual claims. It furthermore delves into the current legal position in England, Australia and New Zealand. In Thoroughbred Breeders Association v Price Waterhouse 1999 (4) SA 968 (W), the Court decided that the Act was applicable to contractual claims and apportioned the damages payable by the defendant to the plaintiff. However, the matter was taken on appeal with the decision of the Court a Quo overturned. It will be argued that, although the reasoning at first glance seems sound, upon closer examination, the application of the Act need not be limited solely to delictual claims. The best manner in which to remedy this lacunae in our law is an amendment to Section 1 (1) and 1(3) of the Act, to explicitly extend the application thereof to contractual claims.
Author | : Viktor Knapp |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 820 |
Release | : 1983 |
Genre | : Comparative law |
ISBN | : 9789024727872 |
Author | : Robert Gordon McKerron |
Publisher | : |
Total Pages | : 394 |
Release | : 1971 |
Genre | : Torts |
ISBN | : |
Author | : René David |
Publisher | : Brill Archive |
Total Pages | : 854 |
Release | : 1975 |
Genre | : Comparative law |
ISBN | : 9783166446172 |
Author | : Ulrich Magnus |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 324 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9041122206 |
The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo