Delict and Civil Claims

/Delict and Civil Claims

How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages

“Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other.  How will a judge decide where the truth lies? It’s an important question because even though you know you are telling the truth, the court must base its decision on the evidence put before it. In other words, whether or not Shakespeare’s “Truth will out” will apply to your court case is going to

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

“There’s no such thing as a free lunch” (Economist Milton Friedman) In these days of online banking and electronic payment, it’s not uncommon to find out to your horror that you have made a payment to someone in error, either to the wrong recipient or in an incorrect amount. If that happens to you and the recipient refuses to pay you back, what can you do about it? The other side of the coin of course is whether the recipient of an

Your Dog, Cat or Cow (Even Your Bees) Could Cost You Millions

“Ignorance is Bliss Dangerous” (Internet meme) Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay. If however the loss was caused by your animal/s, you are in a much more dangerous position – you can be sued on a “no fault” or “strict liability” basis. And that’s a sobering prospect. It means that bad behaviour

Small Claims Courts – From 1 April You Can Sue For Up To R20,000

The monetary jurisdiction of Small Claims Courts has been increased from R15,000 to R20,000 from 1 April 2019. Not all claims can be pursued in a Small Claims Court – Claims over R20,000 must be pursued in the ordinary courts (you can if you like reduce a larger claim to the R20k to avoid having to do that). Only individuals can sue in a Small Claims Court, i.e. not companies, close corporations etc. The State and local authorities can only be sued in the