Kohl v Grobbelaar (4962/2017)
Kohl v Grobbelaar (4962/2017) [2018] ZAECGHC 38 (22 May 2018)
The court found that Reece, being under 10 years old, was doli et culpae incapax and could not be held culpable for trespass or provocation. The defendant failed to prove that Reece's conduct constituted provocation sufficient to exclude liability under actio de pauperie, as merely sitting on the boundary wall did not amount to substantial negligence or imprudence. The dog acted contra naturam by attacking a child who had not provoked it. Regarding lawful presence, the court held that Reece's position on the wall did not render him unlawfully present, especially given his incapacity and the l…
Source excerpt
- Actio De Pauperie
- Strict Liability For Domestic Animals
- Doli Incapax
- Provocation Defence
- Lawful Presence
- Child Trespass