Abstract: South African law does make a clear distinction between tort (delict) and contract mainly because there are various material differences between these two legal phenomena. These differences are, for historical, systematic and practical reasons, also supported by the fact that breach of contract is not formally treated as part of the law of delict but is considered to be part of the law of contract. The law of contract provides specific rules for breach of contract that are not applicable to a delict. This accordingly necessitates its treatment as a separate and independent form of wrongful conduct. The distinction between delict and breach of contract is clearly apparent from the fact that one and the same act may render the wrongdoer liable ex contractu as well as ex delicto .
Publication Year: 2019
Publication Date: 2019-08-29
Language: en
Type: book-chapter
Indexed In: ['crossref']
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