Browsing by Author "Huchtison, Dale"

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    Liability for negligent misstatement inducing a contract in South Africa and Germany
    (1999) von Auer, Bettina Irene; Huchtison, Dale
    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.
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    Negligently inflicted pure economic loss in the case of defective buildings a comparison of South African, English and German law
    (2000) Hartmann, Wolf; Huchtison, Dale
    The problem of liability for negligently inflicted pure economic loss appears in many fields of civil liability. Of course this debate does not stop in case of defective buildings after the negligent conduct of a builder or an inspector. The ultimate purchaser of a building or a third party may suffer damage to his person, property or purse through a product that is defective or even through one that is not. He will demand legal redress, and solutions in determining under what conditions it should be successful need to be found. In this context the individual's interest must outweigh the socio-economic utility of damage producing activity, the ensuing liability must be constructed so that it affords adequate protection without stifling beneficial industrial progress.
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    Open Access
    Negligently inflicted pure economic loss in the case of defective buildings: a comparison of South African, English and German Law
    (2000) Hartmann, Wolf; Huchtison, Dale
    The problem of liability for negligently inflicted pure economic loss appears in many fields of civil liability. Of course this debate does not stop in case of defective buildings after the negligent conduct of a builder or an inspector. The ultimate purchaser of a building or a third party may suffer damage to his person, property or purse through a product that is defective or even • through one that is not. He will demand legal redress, and solutions in determining under what conditions it should be successful need to be found. In this context the individual's interest must outweigh the socio-economic utility of damage producing activity, the ensuing liability must be constructed so that it · affords adequate protection without stifling beneficial industrial progress.