The Law of the Twelve Tables c. Preliminaries to a Trial; Rules for Trial. If plaintiff summons defendant to court, he shall go.
It emerged during the course of the pleadings and at trial, that in fact, Ndlovu was not employed by the Defendant. Their evidence corroborated each other in all material respects, and in summary, was the following: Immediately after the impact, the airbags had inflated. The plaintiff and Anderson then checked their children and took them out of the vehicle.
The Plaintiff did not speak to the driver of the vehicle, but noticed that there were about ten other passengers in the taxi, who were injured. Anderson did speak to the driver of the vehicle, who was evasive and would not give his details to Anderson.
Anderson stated that the driver of the vehicle was evasive, and another Torts delicts male intervened and became very Torts delicts. They obtained the information of the driver from the medical personnel. It is common cause that that vehicle is also owned by the Defendant, and was being driven by Ndlovu on that day.
The Defendant initially informed the court that no witnesses would be called; more particularly because the Defendant himself was in fear of his life, for a reason apparently unrelated to this particular case, but related in some way to his ownership of certain taxis.
There was no evidence led in relation to the cause of the collision. Ndlovu is apparently deceased. This will be dealt with below.
The first was Dumisane Xulu Xulu who is the younger brother of the Defendant. On the day of the collision, he was employed by the Defendant and was in charge of the vehicle NCP GP, which he assigned to Makasa.
He recalls receiving a call from Makasa, mid-morning, informing him that the vehicle had been involved in a collision, but that he was not the driver. He stated that Ndlovu was the driver. Makasa was apparently fired as a result of this incident, and was only found the day before the trial, in KwaZulu-Natal.
He also testified that the fares are collected by the drivers and are handed over to him on a Sunday. There was some inconsistency in his evidence as to whose function it was to ensure that the vehicles were in a roadworthy condition. He stated that he was unaware of the fact that drivers often asked informal drivers to take over their duties.
If a driver is sick, he is obliged to bring the vehicle back to the office and Xulu would reassign the vehicle. He denied that Ndlovu was ever employed by the Defendant. He however admitted that the vehicle driven by Ndlovu in the August of that year, with registration number KZC GP, was also owned by the Defendant.
This vehicle was apparently assigned to one Hlatshwayo, who had also asked Ndlovu to take over his duties for that day. Both Ndlovu and Hlatshwayo are apparently deceased and accordingly, their evidence could not be led.
Xulu stated that he spelt it out to each driver that only the designated driver could drive the particular vehicle. This evidence was in conflict with paragraph 6. The relevance of this will be dealt with later. His duties were to drive the route, collect the fares from the passengers, and check them in on the following Sunday.
According to him the vehicle was in good working order, although the way in which he checked it seemed rather perfunctory.
But as stated above, this issue was not taken further by the Plaintiff.
Makasa stated that on the day in question, he was feeling ill. He saw Ndlovu, who was at the taxi rank where the Defendant kept all of his vehicles, and asked him to drive his route for him.
He arranged with Ndlovu that payment would be made to Ndlovu, and that the fares paid to Ndlovu would be given to Makasa who would hand them over to Xulu. He handed the vehicle to Ndlovu at the rank that morning when it was allocated to him.Torts/Quasi-delicts a.
necessary and logical consequences of a particular wrongful act which result in injury. liquidated damages take the place of actual damages . Until he retired from Milbank, Tweed, Hadley & McCloy LLP, Mark Kantor was a partner in the Corporate and Project Finance Groups of the Firm and resident in the Washington, D.C.
office. Academic Guidelines: Curriculum: Sequence of Subjects: Course Description: COURSE DESCRIPTION. FIRST YEAR – First Semester.
PERSONS AND FAMILY RELATIONS. REPORTABLE. IN THE SOUTH GAUTENG HIGH COURT (JOHANNESBURG) CASE NO: / DATE/04/ In the matter between: ANDERSON, initiativeblog.comiff. In the most narrowly construed sense, delict is a Latin word (delictum ‘offence, wrong’) and a legal term, which, in some civil law systems, signifies a willful wrong, similar to the common law concept of tort though differing in many substantive ways.
The law of delicts in civil law countries is usually a general statute passed by the legislature whereas tort law in common law countries. The Law of the Twelve Tables (c.
B.C.) Table I: Preliminaries to a Trial; Rules for Trial. 1. If plaintiff summons defendant to court, he shall go.