oa Comparative and International Law Journal of Southern Africa - Strict Liability in the South African law of delict
|Article Title||Strict Liability in the South African law of delict|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Rand Afrikaans University, South Africa|
|Publication Date||Mar 1968|
|Pages||49 - 83|
|Keyword(s)||Delictual liability, Dominance of the Doctrine of Fault, Law of delict and Risk based liability|
Although the South African law of delict still regards fault as the foundation of delictual liability, the first signs of a development in which fault as a requirement for liability is dispensed with in certain circumstances can already be seen, and this cannot be ignored by legal theory and practice. As a background to the discussion of the cases of risk liability in South African law, it is proposed to give a brief exposition of the position in the Continental and Anglo-American legal systems , where this development has already reached a relatively advanced stage.
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