Die Pligelement in Die Duty of Care-Leerstuk

Abstract

Abstract (AI English translation)

Information popover about translation disclaimer

In the landmark case Administrator, Natal v Trust Bank of Africa (Ltd) 1) one of the most important aspects of Chief Justice Rumpff's judgment is the confirmation that the criterion for determining the presence or absence of a legal duty to take reasonable steps rests on policy considerations. Chief Justice Rumpff put it this way: 2)

"Because in practice, as in the present case, reference will be made to English decisions in connection with certain situations which may give rise to what we may regard as a legal duty, it is essential to show how basically the English concept of "duty of care", although a mistake in our common law, nevertheless, in this particular case, to some extent coincides with the conception of a legal duty as it should exist in our law, because policy considerations also come into play here."