| 词条 | De Valence v Langley Fox Building Partnership (W) |
| 释义 |
De Valence v Langley Fox Building Partnership (Pty) Ltd is an important case in South African law, heard by the Witwatersrand Local Division. On 13 August 1982, the respondent, Mrs Patricia Poupinel de Valence, was a successful audiometrician. She conducted a private practice in partnership with a Mr Carter. On that day she was walking on a sidewalk outside Hunt's Corner, a building situate in the central business district of Johannesburg. A wooden beam had been suspended between two trestles at right-angles across the sidewalk. The respondent struck the left side of her forehead against the beam. At first the injury caused thereby was thought to have been minor. However, it had the most serious and unfortunate consequences for the respondent. Van Schalkwyk J held that the appellant, Langley Fox Building Partnership (Pty) Ltd, was negligent in relation to the erection of the wooden beam and he ordered it to pay damages to the respondent in the amount of R181 408,45 and the costs of suit. The appellant appealed to the Appellate Division, in Langley Fox Building Partnership v De Valence,[1] against the finding that it was liable to compensate the respondent for any loss sustained by her. In turn, the respondent cross-appealed, claiming that she should have been awarded damages in the amount of R593 070. Goldstone AJA found on the appeal, "in all the circumstances," that "the learned trial Judge correctly held the appellant liable to compensate the respondent for the damages sustained by her."[2] The cross-appeal was also upheld.[3] See also
References
Notes1. ^1991 (1) SA 1 (A). {{SouthAfrica-case-law-stub}}2. ^14G-H. 3. ^16B. 3 : South African case law|1991 in case law|1991 in South African law |
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