Minister For Safety and Security v Scott and Another (969/2013) [2014] ZASCA 84; [2014] 3 All SA 306 (SCA); 2014 (6) SA 1 (SCA) (30 May 2014)

Minister For Safety and Security v Scott and Another (969/2013) [2014] ZASCA 84; [2014] 3 All SA 306 (SCA); 2014 (6) SA 1 (SCA) (30 May 2014)

The Supreme Court of Appeal held that the Minister cannot be held liable in delict for pure economic loss suffered by Scottco as a result of Scott's unlawful arrest and detention. The police had no knowledge of the contract between Scottco and Field & Stream, and the loss claimed was too remote and unforeseeable. Public policy considerations and the danger of indeterminate liability dictate that delictual liability should not be imposed in such circumstances. The claim for wasted advertising costs by Scott was not part of his pleaded cause of action and was therefore not recoverable. The quantum of general damages awarded to Scott for his unlawful arrest and detention was excessive given...

Citation
[2014] ZASCA 84
Parties
Appellant: Minister for Safety and Security (now Minister of Police); Respondent: Jaco Scott; Respondent: Scottco (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 2014
Case Number
969/2013
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria, on Quantum and Liability for Pure Economic Loss
Outcome
Appeal upheld with costs. The order of the high court is set aside and replaced. Scottco's claim for pure economic loss is dismissed. The quantum of damages awarded to Scott is reduced.
Judges
Navsa, Shongwe, Theron, Willis, Legodi
Legal Topics
Pure Economic Loss, Wrongful Arrest, Quantum of Damages, Legal Causation, Wrongfulness, Condonation
Delict Civil Procedure Pure Economic Loss Wrongful Arrest Quantum of Damages Legal Causation Wrongfulness Condonation

Case Brief

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Parties

Minister for Safety and Security (now Minister of Police)

Appellant

Jaco Scott

Respondent

Scottco (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria, on Quantum and Liability for Pure Economic Loss

Legal Issues

  1. 1 Whether the Minister is liable in delict for pure economic loss suffered by Scottco as a result of Scott's unlawful arrest and detention.
  2. 2 Whether the quantum of damages awarded to Scott for unlawful arrest and detention was appropriate.
  3. 3 Whether condonation for late filing of the appeal record and heads of argument should be granted.

Ratio Decidendi

The Supreme Court of Appeal held that the Minister cannot be held liable in delict for pure economic loss suffered by Scottco as a result of Scott's unlawful arrest and detention. The police had no knowledge of the contract between Scottco and Field & Stream, and the loss claimed was too remote and unforeseeable. Public policy considerations and the danger of indeterminate liability dictate that delictual liability should not be imposed in such circumstances. The claim for wasted advertising costs by Scott was not part of his pleaded cause of action and was therefore not recoverable. The quantum of general damages awarded to Scott for his unlawful arrest and detention was excessive given...

Court Disposition

Appeal upheld with costs. The order of the high court is set aside and replaced. Scottco's claim for pure economic loss is dismissed. The quantum of damages awarded to Scott is reduced.

Orders

  • The late filing of the appellant’s supplementary record and heads of argument is condoned.
  • The appeal is reinstated.