requirements If the reasonable person in such a position would have acted

Requirements if the reasonable person in such a

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person. (requirements). If the reasonable person in such a position would have acted differently, then it is negligent. if the wrongful causing of damage could’ve been foreseen and prevented. Look for differentiation from the standard o Case – cattle into public road, and someone ran over this – would the reasonable person have foreseen this, or taken steps to present, case decided yes it was foreseeable, but the steps to be taken were expensive and it was not negligence in the end. Look at deviation from the standard of the reasonable person. o Wrongfulness we use bonis mores. Legal convictions of the community. Factors – religion, customs, culture, morality, Niels – if conduct is wrongful, not only morally wrong, in the sense that when delict requirements are met then they will be liable. Balancing of interests ex post facto, weighing of conflict of interest case of euthanasia – husband applied on her behalf, decision was postponed, died before ruled
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factors considered o ex the possible value to the defendant or the society of the harmful conduct. o Fair balance – people not unreasonably harmed. o Telematrix - pure economic loss , form of delict – one of two things – eg if u a developer of a new estate, lose money while waiting, council takes ling to process your request, unreasonably, suffer financial loss from the delay. No concrete injury, simply a loss, cannot stipulate direct infringement . other one is if there is an indeed infringement, eg production is hindered, loss suffered but no direct infringement or damage to own property, A delictual criterion Cases – is council well resources ? read cases well Depends on community legal convictions – they can change eg euthinsia influence by o Constitution moral, culture ect. Bonis more = conduct must be wrongful and there must be Schultz v Butt – bad motive will impact on wrongfulness. objective criterion, idea of wrongfulness is developed” legal convictions of the community” of policy makers legislature and judges. o Iudicis estt ius dicere non facere; -picture on 26 July o Subjective knowledge o Practical measures they could’ve taken o Professional knowledge o Expenses o Malice - motive Practical application of bonis mores Factual infringement o Positive conduct – prima facie wrong – presumption – direct infringement of goodwill o Omission – determine legal duty to act or not. Telematrix -ads were based on fear, a consideration is if it unnecessarily plays on fear, plaintiff suffered pure economic ads, because they were prohibited - pictures o , legal issue - was the negligent decision was also wrongful in a delictual sense o Loss not arise from damage – but from the body o Court decided no o Do not import English common law duty of care – because it includes negligence and wrongfulness, SA separate wrongful (legal duty ( negligence (standard of reasonable person) – and extent of deviation o Only where they acted with malice then they were acting wrongfully o Don’t confuse wrongfulness and negligence with duty of care in English common law,
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