Chapter

Aquilian Liability II (Twentieth Century)

Dale Hutchison

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0019
Aquilian Liability II (Twentieth Century)

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The story of the development of the Aquilian action in the 20th century is largely one of the struggle to free the action from outdated confines, by extending it to conduct and harm of all kinds. More particularly, it is the story of the development of liability for omissions, for negligent misstatements, and for pure economic loss. These developments have been made possible, or at any rate facilitated, by the resurrection and redefinition of the element of wrongfulness, which has come to serve a very prominent role as a discretionary tool for judicial control in expanding the frontiers of Aquilian liability. This chapter focuses on these major developments, with liability for misstatements being treated as an aspect of the wider problem of liability for negligently inflicted pure economic loss.

Keywords: South African law; law of delict; actio legis Aquiliae; Roman-Dutch law; Aquilian liability; omissions; negligent misstatements; economic loss

Chapter.  21973 words. 

Subjects: History of Law

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