oa De Rebus - Factual causation : one size does not fit all : feature



The judgment of 2011 (6) SA 564 (WCC) may be an opportunity missed by both the Supreme Court of Appeal (SCA) (see 2012 (3) SA 617 (SCA)) and the Constitutional Court (CC) (see 2013 (2) SA 144 (CC)) to develop the South African law of delict with regard to factual causation. In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient.


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