n Tydskrif vir die Suid-Afrikaanse Reg - Damages in delict for prospective loss of profit : regspraak

Volume 2006, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In recent years conventional approaches to the claiming of damages in contract and delict respectively have come under increasing strain. A particular shibboleth regarding the law of damages is that a plaintiff may only claim his negative if he bases his claim on a delictual action. In (2005 1 SA 299 (SCA)) the supreme court of appeal dispensed with this approach in holding that prospective loss of profit suffered as a result of the fraudulent non-awarding of a tender may indeed be claimed by way of a delictual action.

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