by VDT Attorneys | Mar 26, 2024 | Animals, Damages, Dog bites, Injury
To hold an owner liable for the actions of his domesticated animal, our South African law provides for a very specific action that can be instituted against an owner to claim compensation for damage or harm suffered as a result of the conduct of the owner’s...
by VDT Attorneys | May 29, 2023 | Damages, Informed Consent, Medical negligence
As early as 1923, in one of the earliest cases heard by the then Cape of Good Hope Provincial Division, in the case of Stoffberg v Elliot, our Courts have held that “[a] patient by entering a hospital does not submit himself to such surgical treatment as the doctors...
by VDT Attorneys | Feb 28, 2023 | Breach, Contract, Damages, Termination
The first mistake parties often make when wishing to terminate a contract, is to lack the same diligence to be contractually accurate as when they concluded the contract. In most contracts, parties would have provided for grounds for when and how the contract may be...
by VDT Attorneys | Apr 13, 2022 | Car accident, Claim, Damages, RAF
The Road Accident Fund Act No. 56 of 1996 (“the Act”) established the Road Accident Fund. This Fund, referred to as RAF, serves the purpose of payment of compensation in accordance with this Act for loss or damage wrongfully caused by the driving of motor vehicles. It...
by VDT Attorneys | Nov 10, 2020 | Charter, Damages, Dispute resolution, Education, Litigation, School, Youth
You are correct in noting the recent judgment handed down by the Supreme Court of Appeal in the matter of MEC: Western Cape Department of Social Development v Esau and Another (379/2019) [2020] ZASCA 103. The judgment has been heralded as providing legal clarity...
by VDT Attorneys | Nov 16, 2017 | Damages, Litigation, Property
Your question is of concern to many landowners. The primary piece of legislation relating to the responsibilities of land owners in respect of veldfires is the National Veld & Forest Fire Act 101 of 1998 (the “Act”). Section 34 of the Act is particularly relevant...