Reasonableness” and related jurisprudential concepts in the law of delict

Abstract

Before one can embark on an in depth analysis of the influence of reasonableness on the individual elements of liability in the current South African law of delict, it is useful to consider the general, modern uses of the concept of reasonableness in the substantive law as a whole and within the context of the law of delict or tort law. Due to the fact that reasonableness is related to the jurisprudential concepts of equity, fairness, justice, public policy and the boni mores in South African law, it is necessary to briefly refer to their interrelatedness. The purpose of this contribution is to provide a brief overview of the modern uses of the concept of reasonableness in this sense and to explain its interrelatedness with the other abovementioned jurisprudential concepts in the South African law of delict.