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Delict [2014] ZASCA 133

RH v DE (594/2013)

RH v DE (594/2013) [2014] ZASCA 133; 2014 (6) SA 436 (SCA) (25 September 2014)

The Supreme Court of Appeal held that the delictual action based on adultery, which afforded the innocent spouse a claim for both contumelia and loss of consortium, is no longer justified in light of changing societal mores and constitutional norms. The court found that the action is outdated, causes undue harm to the parties and their families, and does not effectively protect the institution of marriage or serve as a meaningful deterrent. The court concluded that the time for abolition of the action has come, and it should no longer be available as part of South African law. The award for l…

  • Actio Iniuriarum
  • Adultery Claims
  • Loss Of Consortium
  • Contumelia
  • Development Of Common Law
  • Constitutional Norms
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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.