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South Africa Case Law

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Delict [2017] ZASCA 178

Van der Westhuizen v Burger (204/2017)

Van der Westhuizen v Burger (204/2017) [2017] ZASCA 178; 2018 (2) SA 87 (SCA) (1 December 2017)

Court
Supreme Court of Appeal
Case number
204/2017
Judges
Ponnan, Majiedt, Swain, Mokgohloa, Mbatha

The Supreme Court of Appeal held that provocation defeated the claim arising from an ostrich chase, and dismissed the respondent’s damages claim.

  • Actio De Ferris
  • Provocation Defence
  • Strict Liability
  • Causation
  • Contributory Negligence
  • Delict
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.