Delict and Civil Claims

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Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

Dance like no one is watching, but text, post, and email like it will be read in court one day. (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and […]

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Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of

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Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m

“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can

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Sour Grapes? Don’t Make Accusations Unless They’re True

“I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape liability, you must show that you fall under one or other of the legal defences

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Suing for a Supermarket “Slip ‘n Trip” – What Must You Prove?

“The path is smooth that leadeth on to danger” (William Shakespeare) Tripping over aisle blockages or slipping on floors made slick by spillages can happen in even the best-managed supermarkets, and injured shoppers regularly turn to our courts to claim damages from shopkeepers and building owners. It’s no surprise therefore that this sort of claim

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