Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 11 of 11 for “"Delictual"”.
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Medical negligence as novus actus interveniens: an analysis of the South African delictual jurisprudence
The South African Constitution guarantees equal rights to everyone. The right to equality is specifically protected in Section 9 of the Constitution. Section 9(1) states that ‗everyone is equal before the law and has the right to equal protection and benefit of the law‘. However, ensuring equality …
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Recovering for a loss of a chance of survival: loss of a chance in South African medical malpractice
… This doctrine allows for a physician to be held delictually liable for causing a loss of a chance of recovery or survival in medical misdiagnosis cases where a physician negligently failed to diagnose a curable disease, and the patient is thus harmed by or succumbs to such a disease. It is this …
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A principled approach to the computation of damages under Section 8 of the promotion of Administrative Justice Act 3 of 2000 for losses suffered as a result of the non-performance of social welfare administrators
… law because it is more far reaching than delictual damages. It is suggested, however, that the manner in which delictual damages are quantified forms the basis for administrative law damages. Constitutional and administrative law principles will expand upon these delictual foundations to …
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An examination of the limits of national amnesty legislation under international criminal law
… law because it is more far reaching than delictual damages. It is suggested, however, that the manner in which delictual damages are quantified forms the basis for administrative law damages. Constitutional and administrative law principles will expand upon these delictual foundations to …
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Volenti non fit iniuria
… is applied in the context of the South African Delictual Law on patrimonial loss. Though a similar evaluation of the volenti doctrine in respect to the modern Actio Iniuriarum .falls outside the scope of this dissertation, reference will also be made to the Valenti defence in that context.
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The incommensurability of the archaic perceptions of the maxim res ipsa loquitur in medical negligence litigation
… ('the thing speaks for itself) in the context of delictual claims for compensation for medical negligence in South African law. The thesis accepts that the doctrine is defensible in principle: a civil court may justifiably draw an inference that a defendant's negligent conduct was a factual cause …
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Criminal negligence and mens rea : is the reasonable man test an unreasonable one?
… explored, namely, whether the test for negligent delictual liability is applicable in criminal law, and the distinction between and nature of unlawfulness and mens rea in negligence crimes. These latter issues, which will not be developed as fully, serve as a necessary component of any discussion …
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Comparative private law 1998 Dale Hutchison, UCT
… on each other. The breach of contractual or delictual duties by one building party can have an essential impact on the economical legal interests of other parties connected with the construction project. Not only the contractual parties themselves but everyone who is involved in the building …
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The Duty to Adapt to Climate Change
… element of 'unlawfulness' in theSouth African delictual system. The possibility of there being a duty of care on theQueensland and Commonwealth government towards coastal private propertyowners to adapt to climate change is dependent on the interpretation of tortreforms and the development of …
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The commercialisation of the celebrity brand and the exploitation thereof
… take a closer look at image rights. Thirdly, the delictual claim of passing off as it pertains to celebrities will be discussed. Fourthly, trade marked celebrities will be considered. And finally our focus will be drawn to the personality right of reputation and how it can be influential for the …
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The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis
… considered by the courts in the context of delictual actions in private law, and these cases therefore constitute the most important source of judicial interpretation of the Regulations; secondly, since the Collision Regulations do play a part in the determination of civil liability, the …