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 ...

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 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 ...

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 ...