delict वाक्य
उदाहरण वाक्य
मोबाइल
- The case is especially important in the area of delict, bearing on the question of the remoteness of damages and a plaintiff's impecuniosity.
- Since Ancient Roman times, it has been recognised that fraud is a delict, and that fraudulent misrepresentation accordingly gives rise to a claim for delictual damages.
- Liability for breach of contract is distinct from liability in delict, and fault is not a general requirement for the recovery of damages for breach of contract.
- "Delict " is borrowed from Latin " delictum " and, as a branch of Scots law, revolves around the fundamental concept " reparation.
- It fell now to be decided what were the duties of a private employee in relation to his employer and the employee's delict and duties of employment or instruction.
- Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental.
- This was an evolutionary step in the common law for tort and delict, moving from strict liability based upon direct physical contact to a fault-based system which only required injury.
- The case is especially important in the law of delict, dealing with the problems relating to causation and the " conditio sine qua non " or " but-for " test.
- It was possible, O'Regan J continued, for an employee at the same time to commit a delict for his own purposes, and neglect to perform his duties as an employee.
- In such a case, the innocent party may recover damages in respect of any financial loss suffered as a result of the delict, irrespective of whether he elects to affirm or rescind the contract.
- The principal debt usually arises out of a contract, but it may also arise out of a delict or unjustified enrichment, a natural obligation ( valid but not legally enforceable ) and a conditional obligation.
- Under the common law, employees had to rely on delict if the employer did not ensure that the working conditions were safe and healthy, but this was viewed to be imprecise, and the Legislature intervened.
- A victim of harassment may institute a civil claim, based on delict, against the perpetrator; she may also institute a claim against the employer, based on the common-law principles of vicarious liability.
- 5 / by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls;
- Provision is made under the Protection from Harassment Act against stalking to deal with the civil offence ( i . e . the interference with the victim's personal rights ), falling under the law of delict.
- Another effect of this was that as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non-contractual obligations to surrounding communities.
- It was clear, in the present case, that the delict for which the applicant sought to hold the respondent liable was the rape, and that the rape had been a deviation from the policemen's duties.
- "' Delict "'in Scots Law is, amongst other things, the responsibility to make reparation caused by breach of a duty of care or, arguably, the duty to refrain from committing such breaches.
- ""'Muir v Glasgow Corporation " "'1943 SC ( HL ) 3, is a leading case in the law of negligence and forms part of Scots delict law and English tort law.
- The litigant who sues on delict sues to recover a loss sustained because of the wrongful conduct of another, in other words that the amount by which his patrimony has been diminished by such conduct should be restored to him.
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