Undoing delict: The South African Law of Delict under the constitution

Anton Fagan (Autor)

Buch | Softcover

318 Seiten

2018
Juta Legal and Academic Publishers (Verlag)
978-1-4851-2647-8 (ISBN)

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Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

Acknowledgments; Introductory preface Rethinking wrongfulness in the law of delict; Reconsidering Carmichele; The confusions of K; The secondary role of the spirit, purport and objects of the Bill of Rights in the common law’s development; The Constitutional Court loses its (and our) sense of humour: Le Roux v Dey; The German origins of a South African dogma about delict; The gist of defamation in South African law; Aquilian liability for negligently caused pure economic loss – Its history and doctrinal accommodation; Causation in the Constitutional Court: Lee v Minister of Correctional Services; Further reflections on wrongfulness in the law of delict; Rights, wrongfulness, and intentional harm-doing.

Erscheinungsdatum	31.08.2018
Verlagsort	Kenwyn
Sprache	englisch
Maße	148 x 210 mm
Gewicht	500 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
ISBN-10	1-4851-2647-9 / 1485126479
ISBN-13	978-1-4851-2647-8 / 9781485126478
Zustand	Neuware