oa Comparative and International Law Journal of Southern Africa - The decline and fall of the law of delict

Volume 6, Issue 2
  • ISSN : 0010-4051



Tort losses can frequently be absorbed like other production expenses as overheads of the particular enterprise in which they were incurred, and that the cost would be passed on and spread among the customers of that enterprise. Thus from the point of view of loss distribution there was no difference, in case of an industrial accident, between the cost of temporary disruption of the assembly line and the cost of medical services or disability pay to the injured worker. Both were passed on alike to the customer.

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