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Cited for the traditional formula for determining negligence involving foreseeability and reasonable steps to guard against harm.
Cited for the principle that the general manner of harm must be reasonably foreseeable, not the precise manner.
The court applies the principle that the true criterion for determining negligence is whether in the particular circumstances the conduct complained of falls…
The court cites this case for the proposition that in many if not most delicts the issue of wrongfulness is uncontentious where the action is founded upon…
Cited for the principle that whether a legal duty to act positively exists depends on a value judgment.
Court applies the test from this case for determining negligent misrepresentation, specifically whether a reasonable person in the position of the Raad would…
Court applies the principle that wrongfulness is more often than not uncontentious as the plaintiff's action will be founded upon conduct which, if held to be…
Cited as one of the cases following the Bochris approach to reasonable foresight.
Applied for the principle that the precise or exact manner in which harm occurs need not be foreseeable; only the general manner of its occurrence is required.
Cited to reinforce the need to avoid the insidious influence of hindsight when assessing negligence.
Cited at para 19 for the proposition that conduct which takes the form of an omission or which results in pure economic loss is not prima facie wrongful.
Cited for the caution against being influenced by ex post facto knowledge when assessing negligence.
Court applies Scott JA's holding that to establish negligence, the general manner of harm's occurrence must be reasonably foreseeable, but flexibility with…
Cited for the principle that negligence must not be judged with hindsight and that foresight of the reasonable man determines liability.
Cited for the test that vicarious liability arises where employee is acting within course and scope of duty.
Cited on the legal principle of wrongfulness in omissions and that the true criterion for determining negligence is whether the conduct falls short of the…
Cited in support of the existence of a common law duty not to act negligently owed by the respondent to the appellant.
Cited for the test of delictual liability regarding foreseeability and reasonable steps.
Cited for the principle that in relation to claims for pure economic loss the requirement of wrongfulness gains particular importance.
Cited for the principle that acknowledgment of a duty to take reasonable precautions means that failure to do so would be both negligent and wrongful.
Court cites this case as one of several recent authorities emphasising the distinction between wrongfulness and negligence.
Cited for the principle that the true criterion for determining negligence is whether the conduct falls short of the standard of the reasonable person.
Cited for principles of foreseeability in negligence and the need to guard against hindsight.
Noted as an example of a recent judgment in which negligence was dealt with before wrongfulness, though the court did not follow this approach.
Cited for the principle that reasonable conduct cannot be judged with the benefit of hindsight and one must guard against drawing conclusions from ex post…
Cited at paras 21-22 as authority for the court's adoption of the relative approach to negligence, at 847D-G on the flexible test for remoteness of damage, and…
Court applies the principle that the general manner in which harm will occur must be reasonably foreseeable, though not necessarily the precise or exact manner.