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Delict [2010] ZANCHC 25

Coetzee v Steenkamp (579/2009)

Coetzee v Steenkamp (579/2009) [2010] ZANCHC 25 (18 June 2010)

The court found that the plaintiff was not a passive passenger but an active participant in the illegal hunting expedition, having shot a spring-hare and assisted with equipment. The plaintiff's ignorance of the law was rejected as incredible given his background and experience. The principle nemo ex suo delicto meliorem suam conditionem facere potest was applied, precluding the plaintiff from benefiting from his own unlawful conduct. The court distinguished the present case from authorities where the passenger's illegal act was not causally linked to the claim, finding that the plaintiff's p…

  • Nemo Ex Suo Delicto
  • Contributory Negligence
  • Volenti Non Fit Iniuria
  • Illegal Hunting
  • Statutory Offence
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