GOJ wrongfulness INTRO

Question 1

Definition of GOJ

Answer 1

GOJ is special circumstances in which the causation of harm which appears to be wrongful is rendered lawful.

Question 2

On who is the onus?

Answer 2

Onus is generally on the plaintiff to prove all elements on a balance of probabilities inc wrongfulness.

Question 3

What if harm caused by positve conduct in form of bodily injuries or property damage?

Answer 3

Then it is prima facie wrongful and plaintiff does not need to prove wrongfulness.

Question 4

What is the position of the defendant?

Answer 4

The defendant has the onus to disprove wrongfulness, oppurtunity to prove causation through positive conduct was lawful.

Question 5

What is the position in the case of harm which is not prima facie wrongful? In other words harm through negative conduct

Answer 5

The plaintiff must then prove wrongfulness. If plaintiff succeeds then defendant has the oppurtunity to raise GOJ to show causation of harm was lawful.

Question 6

Questions relevant to determination of whether a GOJ applies?

Answer 6

Is it reasonable to impose liability on the defendant and does the defendant have a GOJ that negates wrongfulness.

Question 7

Clarke v Hurst (intro)

Answer 7

The stereotypes GOJ are specific GOJ or other wise wrongful conduct which the passage of time have become crystalised, with their own rules limiting the scope of the application

Question 8

Roux v Hattingh (intro)

Answer 8

fundamental approach to determination of wrongfulness will always find application in borderline situations not catered for bythe subrules of these GOJ… in those situations the question will be whether considerations of public or legal policy in accordance with consitutional norms, dictate that legality should be imposed.

Question 9

Name the different GOJ

Answer 9

1) Prior agreement not to claim
2) Necessity
3) Private Defence
4) Consent
5) Provocation
6) Statutory authority
7) Official capacity
8) Execution of an official command
9) Disciplinary powers