Van Meyeren v Cloete (636/2019)
Van Meyeren v Cloete (636/2019) [2020] ZASCA 100; [2020] 4 All SA 358 (SCA); 2021 (1) SA 59 (SCA) (11 September 2020)
The Supreme Court of Appeal held that the defence to actio de pauperie should not be extended to exempt the owner from liability where harm is caused by the animal due to the negligence of a third party who does not have custody or control of the animal. The court found that the rationale for strict liability is that, as between the owner and the innocent victim, the owner should bear responsibility for harm caused by their animal. The alleged intruder's involvement was speculative and not proven on a balance of probabilities. The court reaffirmed that absence of fault is not a defence to act…
Source excerpt
- Actio De Pauperie
- Strict Liability
- Defences To Animal Owner Liability
- Common Law Development
- Negligence Of Third Party