oa Comparative and International Law Journal of Southern Africa - Strict Liability in the South African law of delict



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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