Contributory intend as a defence limiting or excluding delictual liability
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Authors
Ahmed, Raheel
Issue Date
2011-11
Type
Dissertation
Language
en
Keywords
Contributory intent , Ground of justification , Limitation of delictual liability , Contributory fault , Apportionment of Damages Act 34 of 1956 , Apportionment of Loss Bill 2003 , Consent , Contra bonos mores , Contributory negligence , Exclusion of delictual liability , Ground excluding fault , Volenti non fit iniuria , Voluntary assumption of risk
Alternative Title
Abstract
“Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have the effect of either excluding the defendant’s liability (on the ground that the plaintiff's voluntary assumption of risk or intent completely cancels the defendant's negligence and therefore liability), or limiting the defendant’s liability (where both parties intentionally cause the plaintiff's loss thereby resulting in the reduction of the defendant’s liability). Under our law the "contributory intent" of the plaintiff, can either serve as a complete defence in terms of common law or it can serve to limit the defendant's liability in terms of the Apportionment of Damages Act 34 of 1956. The “Apportionment of Loss Bill 2003” which has been prepared to replace the current Act provides for the applicability of “contributory intent” as a defence limiting liability, but it is yet to be promulgated.
Description
Citation
Ahmed, Raheel (2011) Contributory intend as a defence limiting or excluding delictual liability, University of South Africa, Pretoria, <http://hdl.handle.net/10500/5704>