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Liability for negligent misstatement inducing a contract in South Africa and Germany
The law in the area of negligent misrepresentation has undergone major changes during this century, in the legal systems of both South Africa and Germany. Which remedies does one have if financial loss is caused because another made a false statement'> The legal system in South Africa stands in the...
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| Format: | Thesis |
| Language: | English English |
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Department of Public Law
2026
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| _version_ | 1867613211440709632 |
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| access_status_str | Open Access |
| author | von Auer, Bettina Irene |
| author2 | Huchtison, Dale |
| author_browse | Huchtison, Dale von Auer, Bettina Irene |
| author_facet | Huchtison, Dale von Auer, Bettina Irene |
| author_sort | von Auer, Bettina Irene |
| collection | Thesis |
| description | The law in the area of negligent misrepresentation has undergone major changes during this century, in the legal systems of both South Africa and Germany. Which remedies does one have if financial loss is caused because another made a false statement'> The legal system in South Africa stands in the tradition of Roman, Roman-- Dutch and English law, while Germany derived its civil law from Roman principles. Neither of these historical legal backgrounds provided a complete answer to the question posed above, and if there were answers, they have been subjected to many changes and uncertainties due to the growing complexity of cases. The complexity is increased by the fact that misrepresentation overlaps both the law of contract as well as delict anthis challenges the distinction between the two of them. Through the development of given legal principles, it is now an established rule in South • African and German law that an action exists for the recovery of damages which were caused by negligent misrepresentation in the pre-contractual sphere. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42867 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:31.718Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42867 Liability for negligent misstatement inducing a contract in South Africa and Germany von Auer, Bettina Irene Huchtison, Dale law liability negligent The law in the area of negligent misrepresentation has undergone major changes during this century, in the legal systems of both South Africa and Germany. Which remedies does one have if financial loss is caused because another made a false statement'> The legal system in South Africa stands in the tradition of Roman, Roman-- Dutch and English law, while Germany derived its civil law from Roman principles. Neither of these historical legal backgrounds provided a complete answer to the question posed above, and if there were answers, they have been subjected to many changes and uncertainties due to the growing complexity of cases. The complexity is increased by the fact that misrepresentation overlaps both the law of contract as well as delict anthis challenges the distinction between the two of them. Through the development of given legal principles, it is now an established rule in South • African and German law that an action exists for the recovery of damages which were caused by negligent misrepresentation in the pre-contractual sphere. 2026-02-19T11:02:07Z 2026-02-19T11:02:07Z 1999 2026-02-19T10:59:44Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42867 en eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | law liability negligent von Auer, Bettina Irene Liability for negligent misstatement inducing a contract in South Africa and Germany |
| thesis_degree_str | Master's |
| title | Liability for negligent misstatement inducing a contract in South Africa and Germany |
| title_full | Liability for negligent misstatement inducing a contract in South Africa and Germany |
| title_fullStr | Liability for negligent misstatement inducing a contract in South Africa and Germany |
| title_full_unstemmed | Liability for negligent misstatement inducing a contract in South Africa and Germany |
| title_short | Liability for negligent misstatement inducing a contract in South Africa and Germany |
| title_sort | liability for negligent misstatement inducing a contract in south africa and germany |
| topic | law liability negligent |
| url | http://hdl.handle.net/11427/42867 |
| work_keys_str_mv | AT vonauerbettinairene liabilityfornegligentmisstatementinducingacontractinsouthafricaandgermany |