Scribd
Upload
24 views15 pages

BusLaw Part A - 7

The document outlines different branches of law including public law, private law, and commercial law. It also defines key legal concepts like crime, delict, negligence, contract, and unjustified enrichment.

Uploaded by

jack.johnson.jj1234
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
24 views15 pages

BusLaw Part A - 7

The document outlines different branches of law including public law, private law, and commercial law. It also defines key legal concepts like crime, delict, negligence, contract, and unjustified enrichment.

Uploaded by

jack.johnson.jj1234
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

7.

BRANCHES OF
LAW
NATIONAL LAW

PUBLIC PRIVATE COMMERCIAL

CONSTITUTIONAL LAW FAMILY LAW COMPANY LAW

ADMINISTRATIVE LAW CONTRACT LAW BANKING LAW

CRIMINAL LAW LAW OF DELICT INSURANCE LAW

PROPERTY LAW COMPETITION L

LAW OF SUCCESSION
Crime: Wrongful conduct which is specifically
prohibited by common law or statute and which
is punishable by the state.

Common law crimes: murder, assault, rape, treason


ETC

Statutory crimes: DUI, possession drugs, trading in


protected species, tax evasion, & LOTS MORE.

Delict: Any conduct which causes harm to the


person, property or personality of another in
circumstances in which conduct was wrongful
and culpable.
Crime vs Delict
Crime Delict

➢ Specific ➢ General Duty

➢ S v Accused ➢ Plaintiff v
(eg S v Pistorius) Defendant
(eg Steenkamp v
Pistorius)

➢ Beyond
➢ On a balance of
reasonable
probabilities
doubt

➢ Compensation
➢ Punishment
ELEMENTS OF DELICT

➢ Wrongful conduct which is

➢ Committed intentionally or negligently


(fault)

➢ And which causes

➢ Harm to the person or property of the


plaintiff

Conduct: omission + commission

Van Vuuren v eThekwini Municipality 2016


(SCA)

Stedall v Aspeling 2017(SCA)


Negligence

a) A reasonable person in the position of the


defendant

i) would foresee the reasonable possibility of


their conduct injuring another; and

ii) would take reasonable steps to guard


against such harm; and

b) the defendant failed to take such steps.

Kruger v Coetzee 1966 (A)


Checkers Supermarket v Lindsay 2009 (SCA)
Contract: An agreement between two
parties which gives rise to legally binding
and enforceable rights and duties
between the parties.

Unjustified enrichment: One person


unjustly enriched at the expense of
another.

Specific enrichment actions only:

EG: Condictio indebiti (mistake)


Negotiorum gestio (good
samaritan)
Contract vs Delict
Contract Delict

➢ Agreement ➢ Harm

➢ Specific ➢ General duty


contractual not to harm
undertaking
➢ Compensation
➢ Compensation for financial
for FINANCIAL losses
losses only AND/OR
➢ compensation
for non-financial
damages
(eg Pain and
Suffering)
Identify the relevant
branches of law
P is a patient of Dr D. Dr D is her
gynaecologist. P and Dr D
agree that Dr D will deliver P’s
3rd baby and tie her tubes.
During delivery, Dr D watches
cricket on TV and fails to deliver
baby quickly enough. Baby is
born with brain damage.
Dr D also forgets to tie Jane’s
tubes.
And Dr D ‘harvests’ one of
Jane’s kidneys without her
permission, to sell to another
patient.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy