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Damages for negligence? Go back to basics…

Overview

It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss. Furthermore, the measure of damages will be that which is required to restore the claimant as nearly as possible to the position he would have been in if the defendant had not been negligent.


The Supreme Court has provided a very clear reminder of this principle in the case of Tiuta International Limited v De Villiers Surveyors Limited. This article examines the case.

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