Responsibility

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  • Dave A
    Site Caretaker

    • May 2006
    • 22810

    #16
    Originally posted by sterne.law@gmail.com
    Liability requires, amongst others, proving causation.
    That is, the damaging event is caused by the action of the defendant.
    Or inaction, which can make things significantly messier in this situation...

    I also find there's a disturbing trend in adjudication towards the complainant merely having to establish that they have suffered damage/a loss and point a finger of blame, and the onus then falls on the defendant to establish that they are not responsible for the loss. (e.g Consumer Protection Act).
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    • sterne.law@gmail.com
      Platinum Member

      • Oct 2009
      • 1332

      #17
      Originally posted by Dave A
      Or inaction, which can make things significantly messier in this situation...

      I also find there's a disturbing trend in adjudication towards the complainant merely having to establish that they have suffered damage/a loss and point a finger of blame, and the onus then falls on the defendant to establish that they are not responsible for the loss. (e.g Consumer Protection Act).
      I was going to raise this.
      The CPA imposes strict liability. If any goods cause harm then the plaintiff can pick a defendant.
      Which raises a thorny conundrum.
      Anthony Sterne

      www.acumenholdings.co.za
      DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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