Langley Fox Building Partnership (Pty) Ltd v De Valence (647/88) [1990] ZASCA 128; 1991 (1) SA 1 (AD); [1991] 3 All SA 736 (AD) (4 October 1990)

Langley Fox Building Partnership (Pty) Ltd v De Valence (647/88) [1990] ZASCA 128; 1991 (1) SA 1 (AD); [1991] 3 All SA 736 (AD) (4 October 1990)

The Supreme Court of Appeal held that the appellant, as building contractor, owed a non-delegable duty of care to members of the public using the sidewalk adjacent to its building site. The work undertaken was inherently dangerous, and the appellant should reasonably have foreseen the risk of harm to pedestrians from obstructions erected for construction purposes. The appellant failed to take adequate precautions, such as cordoning off the obstruction or erecting warning signs, and led no evidence to suggest special circumstances relieving it of this duty. The respondent established a prima facie case of negligence, and the appellant's breach of duty was manifest. On quantum, the court...

Citation
[1990] ZASCA 128
Parties
Appellant: Langley Fox Building Partnership (Pty) Ltd; Respondent: Patricia Poupinel de Valence
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
4 October 1990
Case Number
647/88
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From the Witwatersrand Local Division
Outcome
Appeal dismissed; cross-appeal upheld; damages increased.
Judges
Botha, Milne, Steyn, Eksteen, Goldstone
Legal Topics
Negligence, Non Delegable Duty, Liability of Employer for Independent Contractor, Dangerous Obstructions on Public Ways, Quantum of Damages
Delict Civil Procedure Negligence Non Delegable Duty Liability of Employer for Independent Contractor Dangerous Obstructions on Public Ways Quantum of Damages

Case Brief

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Parties

Langley Fox Building Partnership (Pty) Ltd

Appellant

Patricia Poupinel de Valence

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From the Witwatersrand Local Division

Legal Issues

  1. 1 Whether the appellant, as building contractor, is liable for injuries caused by a dangerous obstruction erected by a subcontractor on a public sidewalk.
  2. 2 Whether the duty to take precautions against foreseeable harm to the public is non-delegable in these circumstances.
  3. 3 Whether the respondent suffered organic brain damage or only a post-traumatic psychoneurological syndrome, affecting the quantum of damages.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant, as building contractor, owed a non-delegable duty of care to members of the public using the sidewalk adjacent to its building site. The work undertaken was inherently dangerous, and the appellant should reasonably have foreseen the risk of harm to pedestrians from obstructions erected for construction purposes. The appellant failed to take adequate precautions, such as cordoning off the obstruction or erecting warning signs, and led no evidence to suggest special circumstances relieving it of this duty. The respondent established a prima facie case of negligence, and the appellant's breach of duty was manifest. On quantum, the court...

Court Disposition

Appeal dismissed; cross-appeal upheld; damages increased.

Orders

  • The appeal is dismissed with costs.
  • The cross-appeal is upheld with costs.