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South Africa Case Law

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Delict [2004] ZASCA 85

Gouda Boerdery BK v Transnet Ltd. (314/03)

Gouda Boerdery BK v Transnet Ltd. (314/03) [2004] ZASCA 85; [2004] 4 All SA 500 (SCA); 2005 (5) SA 490 (SCA) (27 September 2004)

Court
Supreme Court of Appeal
Case number
314/03
Judges
Scott, Navsa, Conradie, Cloete, Erasmus

The Supreme Court of Appeal held that a fire in a railway reserve was not a veldfire under section 34, so the presumption of negligence did not apply.

  • Negligence
  • Firebreaks
  • Veldfire Definition
  • Reverse Onus
  • Liability For Omissions
  • 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.