Other Claims

Negligent Misrepresentation
A right to claim damages arises when a person negligently or intentionally utters a misleading statement that leads you to do something that results in harm or loss.

It is important to note that you cannot rely on the misleading statement of someone whom you know is not an expert in a specific subject. In order to be successful with your claim, you must prove that you were careful in your dealings and that a reasonably prudent person would also have relied on the statement before acting as you did.

Example: You will have a claim for your loss if:

  • a sworn appraiser / valuator states that a piece of land is worth Rx.
  • the valuator should have known that, due to the factors relative to the market, ground type and situation of the land (matters within his area of expertise), the value was considerably less than the stated valuation.
  • based on that valuation you acted to your detriment (for example – you lent money to a third party who then defaulted and when selling the land to recover your debt, your recovery was dramatically less than the valuation).
  • you suffered a loss due to the above.

Wrongful Arrest
The limitation of your freedom is unlawful. In other words if you are intentionally detained by a person or the state with no justifiable reason for the detention, you will have a claim for the loss suffered due to that detention.

The fact that charges are dropped after you have been arrested by the police is no guarantee that you will be successful with a claim for wrongful arrest – you will still have to prove that no justifiable reason for the arrest was present.

Malicious Arrest and Prosecution
As opposed to Wrongful Arrest, the action for malicious arrest and or prosecution lies against the person instigating the process, if you are to be successful with such a claim, you will have to prove:

  • That the person from whom you are claiming (instigator) instigated the arrest and/or prosecution.
  • The instigation was without reasonable grounds.
  • That the instigator intended to harm you through the arrest or prosecution.
  • That the prosecution was unsuccessful.

Defamation can be described as the Unlawful, Intentional, Publication of words, about another person, that undermine that person’s reputation, public image and/or good name. Without wishing to bore you with a detailed discussion, this basically boils down to the following:

  • The statements don’t have to be untrue; they simply have to be facts that put you in a bad light. Be careful what you gossip about.
  • The statements must be made to another person (not an immediate family member, and not to the person that is being defamed), or could reasonably be expected to come to the attention of another.
  • There must be the intention of damaging the reputation, image or good name.
  • There must be no justification for the statements. The following are examples for justification:
    • Privilege (for example a judge in giving judgment, or psychologist in compiling a confidential report).
    • Fair comment (Comment on facts that are already public knowledge).
    • Truth and public benefit (true and really in the public interest, that the person to whom the statement is made needs to know the information – this test is always difficult to apply, and one should always tread carefully before making a statement that may defame.) It stands to reason that a statement made with malicious intent will not be regarded as justifiable.

Dog Bites
This is one of the few claims in our law where you don’t have to prove negligence.
In order to succeed with a claim against a dog owner for your loss and injuries resulting from a dog bite, you must prove:

  • the person you are suing was the owner of the dog at the time of the incident,
  • the dog was domesticated (not a wild dog),
  • you must have been lawfully at the place where the attack took place (trespassers beware) (if you are invited to someone’s house and have to walk through the garden to knock on the door – you are there lawfully),
  • the dog acted contrary to the nature of normal well behaved dogs of his kind (well behaved dogs of all kinds don’t bite unless provoked),
  • If a dog is provoked due to outside influences, i.e. Thunder and lightning, provocation by another – there will be no claim.

Someone who has set a dog on you (provoked the dog into attacking you) will be liable for your damages – In this instance you will have claim for assault, as the dog is the instrument used to cause the harm.

The test for a claim based on assault is simple, if somebody touches you intentionally and you suffer harm as a result, you have a claim.

Contact Details

Phone Phone: (012) 809 1588
Fax Fax: (0) 86 603 0097
WWW Link Website: www.claims4u.co.za
Email Email:info@claims4u.co.za
Address: Block 2, Lombardy Business Park,
Cnr Cole & Graham Rds, Lombardy , Pretoria