oSimilarities and differences VIP – relates to wrongfulness paras 67, T,68,69,70- 3oHow to apply criteria of wrongfulness
oNormative framework of costoLimiting factors to curb liability, oPolicies and legal factors relevant to police, makes such claim impossible, - moral indignation bonis mores (changing) oCourt – when parents don’t claim entitled medical expenses – should let the child claim or?May be a legal duty not to claim that loss, because sec 28 child’s right will beinfringed,Can parents and child claim= no either or oPossible third? Could the child sue the parents? that she didn’t get an abortion – right to choose? oSpecial Relationship between doctor and child Critically discuss S99 of deeds registry act – mala fide? Exclusion of liability clauses – contractual undertaking for the safety of a third party.Contractual exclusions – Interplay of factors – oNot watertight - know cases for which factors will be taken into accountoAll relevant circumstancesGeneral wrongfulness Criteria – legal duty by omission =liability? . oBonis mores of community, oWrongful is all other elements of the delict are complied with 12 AugustWrongfulness Reflection - Wrongfulness – the reasonableness of holding a person accountable, punishment? in the eyes of the community.Reasonable oInfringement of subjective rights. real, personality, personal, intellectual. Breach of legal duty to act or not, 56 para 3 , 57 bottom of text. oNo general duty Telematrix - Crown chickens Wrongfulness – breach of statutory duty Justifications for wrongfulnessPositivised bonis mores – allowed to act wrongfully Where apparent (prima facie) wrongfulness is rendered lawful/justifiedOf pa rights limited by ds exercise of his/her own rights – therefore Defendant acted within confines of his/her own rightsOnus is on defendant to prove ground of justificationoPrivate defence – yours or someone else’s – definitions 3
Defendant directs his/her actions against another person actual or immediate threatening wrongful act in order to protect his or her own legitimate (legal recognised) interest or such interests of someone else in theprocess reasonably causes harm to the attackerIf a person protects her/his own or another’s interests against a threatening ……………….……………………..Private defence diagram oAttacked – actual or imminently threatening wrongful conduct.oDefender – protecting subjective rights, or legally recognised interesto3rdpart – defender could be protecting 3rdpartyAttack oHuman conductoWrongful – before you can justify oAlready commenced or immediately threatening, but no yet ceased (revenge) Not required – oFault on part of aggressoroThat attack be directed at defender. 14 AugustThe ddefence At aggressorNecessary to protect right Not too harmfulValues of interest – the question is factualInterests need no be similar in character, can redirect to goods for example.