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Ahmed, Raheel(Faculty of Law, North-West University, 2023-06-13)
American and French law, like South African law, recognises
claims for emotional or mental harm. Emotional, mental or
psychological harm was recognised by the courts only in the
nineteenth century and even though the ...
Ahmed, Raheel(Faculty of Law, North-West University, 2023-09-26)
Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence, where emphasis is placed on ...
After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ...
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 ...
Ahmed, Raheel(Faculty of Law, North-West University, 2019)
In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ...
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 ...
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 ...
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 ...
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 ...
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 ...
Le Roux-Bouwer, Jolandi; Manthwa, Aubrey; De Jong, Madelene(LexisNexis, 2017-08)
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 ...
Le Roux-Bouwer, Jolandi; Manthwa, Aubrey; De Jong, Madelene(LexisNexis, 2017-05)
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 ...
In the first part of this article certain problems with the adversarial system of litigation in family matters as highlighted by the South African Law Reform Commission in Issue Paper 31 of 2015 are investigated. Next, ...
Steynberg, Loma; Ahmed, Raheel(Faculty of Law, North-West University, 2012)
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 ...