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International Shipping V Bentley
''International Shipping Co (Pty) Ltd v Bentley'' is an important case in South African law. It was heard in the Appellate Division on 25 and 26 September 1989, with judgment handed down on 10 November. The presiding officers were Corbett CJ, Botha JA, Hefer JA, Smalberger JA and Friedman AJA. The case is especially important in the law of delict, in the area of causation and on the question of the remoteness of damages. An auditor was sued by a financing company for loss caused by negligent misstatements contained in a report by the auditor of a group of companies. This report was misleading: It did not give an accurate picture of the bleak financial situation of the group for which the company was providing financial facilities. The court found that the auditor had acted negligently and unlawfully, and so established factual causation. On appeal, however, it was held that the company's loss was too remote for the auditor to be held liable. The judgment set out the factors relev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Corbett (judge)
Michael McGregor Corbett, OMS, LLB (14 September 1923 – 16 September 2007) was a former Chief Justice of South Africa (1989–1996). He served in World War II before going to Trinity Hall, Cambridge to read law in 1946. Early years Michael Corbett was born in Pretoria. His father, Alan Frederick Corbett was born in Worcester, England in 1878. and served as the Commissioner for Inland Revenue. He completed his schooling at Rondebosch Boys' High School in Cape Town before serving in World War II in the South African Navy from 1941 till 1945, retiring with the rank of lieutenant commander. Prior to the war, he enrolled at the University of Cape Town and obtained a BA in 1941. After his active service during the war, he returned and obtained a LL B, After graduating, he was awarded the Elsie Ballot Scholarship and gained entry to study law at Trinity College, Cambridge. He later obtained a first class LL B in 1948. Legal career Corbett began his legal career when he read ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joos Hefer
Josephus Johannes Francois "Joos" Hefer (born 21 December 1931) is a South African judge and former Acting President of the Supreme Court of Appeal of South Africa. Early life and education Hefer was born in Brandfort, in the Free State and matriculated in 1949 in Bloemfontein. He studied at the University of the Orange Free State and obtained his BA degree in 1953 and LLB in 1955. In 1995 he obtained an LLM degree from UNISA. Career Hefer practised as an attorney from 1955 to 1957 and joined the Free State Bar in 1957, where he practised until 1975. He became a senior advocaat in 1972 and during the same year he first act as a judge in Bloemfontein. He also acted as a judge at the Northern Cape Division in Kimberley, the South West Africa Division in Windhoek and Durban & Coast Local Division in Durban. On the 1st of February 1976, Hefer was appointed judge in the Natal Provincial Division and in August 1981, he was appointed Chief Justice of the Transkei High Court. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Friedman (judge)
Gerald Friedman SC (13 September 1928 – 11 September 2023) was a South African judge who was Judge President of the Cape Provincial Division of the Supreme Court. Early life and education Friedman studied at the University of Cape Town and obtained the degrees of BA and LLB. Career In 1950, Friedman was admitted to the Cape Bar and twenty year later, in 1970 he took silk In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or a .... In 1977, he was appointed a judge at the Cape Provincial Division of the Supreme Court and in 1990, he was promoted to Judge of Appeal. In 1992 re-joined the Cape Division of the Supreme Court, becoming the Judge President of the Cape, a post he had held until 1998. From 1999 until 2010, Friedman acted as the chairperson of the Financial Services Appea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or legal pluralism, 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law (legal system), civil law system inherited from Dutch Empire, the Dutch, a common law system inherited from British Empire, the British, and a customary law system inherited from Demographics of South Africa#Black South African demographics, indigenous Africans (often termed Customary law in South Africa, African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch law, Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both South African criminal procedure, criminal and South African civil procedure, civil procedure, South African company law, comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa) Cases
Appellate Division may refer to: * Bangladesh Supreme Court, Appellate Division * New York Supreme Court, Appellate Division * New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1989 In South African Law
File:1989 Events Collage.png, From left, clockwise: The Cypress Street Viaduct, Cypress structure collapses as a result of the 1989 Loma Prieta earthquake, killing motorists below; The proposal document for the World Wide Web is submitted; The Exxon Valdez oil tanker runs aground in Prince William Sound, Alaska, causing a large Exxon Valdez oil spill, oil spill; The Fall of the Berlin Wall begins the downfall of Communism in Eastern Europe, and heralds German reunification; The United States United States invasion of Panama, invades Panama to depose Manuel Noriega; The Singing Revolution led to the independence of the Baltic states of Estonia, Latvia, and Lithuania from the Soviet Union; The stands of Hillsborough Stadium in Sheffield, Yorkshire, where the Hillsborough disaster occurred; 1989 Tiananmen Square protests and massacre, Students demonstrate in Tiananmen Square, Beijing; many are killed by forces of the Chinese Communist Party., 300x300px, thumb rect 0 0 200 200 1989 Loma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
