n Tydskrif vir die Suid-Afrikaanse Reg - Switching Christmas lights on - source of nuisance? : regspraak
|Article Title||Switching Christmas lights on - source of nuisance? : regspraak|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2011|
|Pages||800 - 808|
ISI Social Science
Neighbours will be neighbours, and not even the spirit of Christmas can instil in them a sense of reasonableness. I teach my students that the underlying principle of neighbour law is reasonableness - a quality which neighbours generally do not seem to have. The latter view finds support in the facts of Wingaardt v Grobler, but Alkema J in this judgment rejected reasonableness as the foundation of neighbour law. He categorically stated that
"many judgments, and some of our legal writers, have lost the focus on unlawfulness and have taken reasonableness as the test for wrongfulness out of context, and describe the test for the abuse of property-ownership rights, or for the infringement of property rights, as reasonableness, without any reference to wrongfulness" (par 70).
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