The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective in ...

The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with ...

The influence of reasonableness on the South African law of delict is evident in establishing all the individual elements of a delict. To some extent, there is confusion and uncertainty in general on the role of reasonableness ...

Much has been written about the “new” or “variation” of the test for wrongfulness in determining delictual liability in South African law. Upon researching English tort law, it has become apparent that the origin of this ...

The available sources on the dependency action in South Africa do not mention the presence or absence of traditional values. This study was prompted by a simple curiosity to discover the traditional legal values of the ...

Divorce is pre-eminently a matter which may affect children negatively. As such it triggers the obligatory application of the best interests of the child standard and the principle of child participation. However, it appears ...

In this article the different theoretical bases for attacking trusts upon divorce and in maintenance matters are set out. Firstly, the nature of, the requirements for and the consequences of the remedy of declaring a trust ...

The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1) and 17(1A) introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for ...