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The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions
Dissertation (LLM)--University of Pretoria, 2012.
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| Format: | Thesis |
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University of Pretoria
2013
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| _version_ | 1867613544984346624 |
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| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria |
| description | Dissertation (LLM)--University of Pretoria, 2012. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/26669 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:37:50.718Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/26669 The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions Cornelius, Steve J. upetd@up.ac.za Grimbeek, Mathew Apportionment of damages Contractual claims South african damages act 34 of 1956 UCTD Dissertation (LLM)--University of Pretoria, 2012. This study will follow the development of the rules pertaining to apportionment of damages, with particular emphasis on the Apportionment of Damages Act 34 of 1956 (‘the Act”) and its applicability to contractual claims. It furthermore delves into the current legal position in England, Australia and New Zealand. In Thoroughbred Breeders Association v Price Waterhouse 1999 (4) SA 968 (W), the Court decided that the Act was applicable to contractual claims and apportioned the damages payable by the defendant to the plaintiff. However, the matter was taken on appeal with the decision of the Court a Quo overturned. It will be argued that, although the reasoning at first glance seems sound, upon closer examination, the application of the Act need not be limited solely to delictual claims. The best manner in which to remedy this lacunae in our law is an amendment to Section 1 (1) and 1(3) of the Act, to explicitly extend the application thereof to contractual claims. Private Law unrestricted 2013-09-07T07:09:06Z 2013-07-29 2013-09-07T07:09:06Z 2013-04-18 2012 2013-07-25 Dissertation Grimbeek, M 2012, The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/26669 > F13/4/611/gm http://hdl.handle.net/2263/26669 http://upetd.up.ac.za/thesis/available/etd-07252013-165037/ © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria application/pdf University of Pretoria |
| spellingShingle | Apportionment of damages Contractual claims South african damages act 34 of 1956 UCTD The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title | The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title_full | The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title_fullStr | The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title_full_unstemmed | The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title_short | The applicability of the apportionment of Damages Act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in South Africa and similar foreign jurisdictions |
| title_sort | applicability of the apportionment of damages act 34 of 1956 to contractual claims with emphasis on the development of apportionment laws in south africa and similar foreign jurisdictions |
| topic | Apportionment of damages Contractual claims South african damages act 34 of 1956 UCTD |
| url | http://hdl.handle.net/2263/26669 http://upetd.up.ac.za/thesis/available/etd-07252013-165037/ |