Other Law Answers

Find and summarise the case of National Director of Public Prosecutions v Botha (CCT 280/18)

[2020] ZACC 06 in the prescribed format.

4 Testator Xolisa provided as follows in his will: 

“I leave my yacht to my two sons, Bongani and Andile.” 

After his death, Xolisa’s only surviving relatives were his son Andile, his daughter Denise and his grandson Gavin. Gavin was the son of Bongani, who died before the testator. 

Who inherited Xolisa’s yacht? 

[1] Andile, because Bongani and Andile were joined re et verbis and therefore Bongani’s share accrued to Andile. 

[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of section 2C(2) of the Wills Act 7 of 1953. 

[3] Andile and Denise, since Denise inherited in place of her predeceased brother. 

[4] Andile, Denise and Gavin, since they were the intestate heirs.  

“Tort Law is based on the idea that everyone in society has certain rights. It is therefore incumbent on

all members of society to respect the rights of others”.

The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law

system and definitely one of the most important in the history of the development of the Tort Law. The

revolutionary significance of the decision in this case is in the establishment of a standardized duty of

care in negligence cases.

Requirements

1- An overview of the case - 10 marks

2- What was the law on negligence before Donoghue v Stevenson. Discuss at least 3 case laws on the issue. - 20 marks 

provide an example of a South African law that you find unjust 

·      Discuss Five (5) landmark cases flowing out of the principle developed in Donoghue v Stevenson. 30 marks

·      Do you think that the principles developed in Donoghue v Stevenson is applicable in today’s world? 10 marks

Students must produce a case analysis as follows: Assignment 3 between 2000 -3000 words. A bibliography containing all relevant citation in current APA format must be included.