Course info

 

We trust that you will find this course enjoyable!

The law of delict forms part of private law. This is the branch of law that deals with relations between individuals or institutions, rather than dealings between individuals or institutions and the state. You have heard of the saying “no man is an island” by John Donne. As we are all involved in mankind, it is very likely that through our interactions with one another, friction may occur, and problems arise. The law of delict is therefore aimed at providing principles designed for governing these interactions between individuals. Should harm accrue to an individual, the law of delict is the part of private law that is used to identify the type of wrong committed by one individual against another; the assigning of fault; establishing a link between the wrong and damage suffered, and provision of remedies to compensate for loss or damage. Knowledge of the law of delict is therefore necessary for every student of law. This study guide will direct you in acquiring that necessary knowledge.

This study guide is like a lecturer, leading you through the topics of the prescribed text book and referring you to relevant cases that you need to study. This study guide is designed to direct you in studying your prescribed textbook and casebook, which are cited in your course outline/tutorial letter. They are both authored by Neethling J. & Potgieter JM.[1] The content (topics) of this study guide is explained thoroughly and discussed extensively in the prescribed book. Please do not replace the prescribed text book with this study guide. You must have them both, preferably the latest editions because they complement/supplement each other. Some of the cases mentioned or discussed briefly in this study guide are also contained in the prescribed casebook, which you must also have in order to gain an in-depth understanding and comprehend the context of the cases that should be studied under each topic. All the Namibian cases discussed in this study guide are available on the following website of the Namibia Legal Information Institute: https://namiblii.org/

 You must study in such a way that you are able to answer or solve hypothetical problems/ issues. In your examination and assignment answers you are expected to be able to identify issues and refer to cases as much as possible to substantiate your answers/arguments, so please read cases that are relevant to each topic. Some cases have been briefly discussed in this study guide. In addition to that, please note that most legislation/statutes/acts referred to in the prescribed book are South African, and therefore are not necessarily applicable in Namibia. You do not need to read those parts referring to South African Acts of parliament or make reference to them, unless you are doing it out of interest or curiosity or for comparative purposes. Reference should always be made to Namibian statutes (Acts) and cases if there is any. Students are allowed to study and make reference to South African cases and cases from other jurisdictions in answering assignment and examination questions. The reading of selected cases from other jurisdictions may be necessary for comparative purposes, but emphasis must be placed on Namibian cases. However, in terms of the operation of the law and practice, one needs to draw comparisons from selected jurisdictions such as the United Kingdom and South Africa. The law of delict (Tort as it is known in the United Kingdom) has no direct origin from Southern Africa. It therefore is common cause that one needs to look into the law of delict as it is understood in other advanced jurisdictions.

Whenever you are done with a study unit, please go back to the learning outcomes, which is a list of all that you are expected to know from that particular unit and make sure that you have attained all the learning objectives. You must also answer all the activity questions by finding the answers in this study guide and the prescribed book. Make sure that you are able to answer those questions extensively, and where applicable please make sure that you have made reference to case law in your answers. The footnotes used in this study guide will easily direct you to the relevant pages of the prescribed text book for more information.

With that said, welcome to the law of delict, which is a very interesting course and we are sure that you will enjoy it. All the best!