JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 26, 2023
JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 18, 2023
Read the below facts concerning the dispute between Novartis South Africa (Pty) Lt and Hiline Medical (Pty) Ltd and answer the questions raised by this set of facts. Novartis South Africa (Pty) Ltd (Novartis) is a subsidiary of a pharmaceutical drug manufacturer and supplier based in Switzerland. It operates ‘divisions’ (separate trading entities, but not companies themselves) in South Africa, which in turn supply medicines […]
Posted: April 13, 2023