DE v RH
South African legal case / From Wikipedia, the free encyclopedia
DE v RH is a decision of the Constitutional Court of South Africa in the law of delict. The court abolished the third-party delictual claim for adultery, holding unanimously that society's contemporary boni mores indicated that the act of adultery by a third party lacks wrongfulness and therefore does not give rise to delictual liability. The judgment was handed down without papers on 19 June 2015 and was written by Justice Mbuyiseli Madlanga, with a separate concurrence by Chief Justice Mogoeng Mogoeng.
Quick Facts DE v RH, Court ...
DE v RH | |
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Court | Constitutional Court of South Africa |
Full case name | DE v RH |
Decided | 19 June 2015 (2015-06-19) |
Docket nos. | CCT 182/14 |
Citation(s) | [2015] ZACC 18; 2015 (5) SA 83 (CC); 2015 (9) BCLR 1003 (CC) |
Case history | |
Prior action(s) | RH v DE [2014] ZASCA 133 in the Supreme Court of Appeal |
Appealed from | E v H [2013] ZAGPPHC 11 in the High Court of South Africa, Gauteng Division |
Court membership | |
Judges sitting | Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Khampepe J, Madlanga J, Nkabinde J, Jappie AJ, Molemela AJ and Theron AJ |
Case opinions | |
The act of adultery by a third party lacks wrongfulness for purposes of a delictual claim of contumelia and loss of consortium; it is not reasonable to attach delictual liability to it. | |
Decision by | Madlanga J (unanimous) |
Concurrence | Mogoeng CJ (Cameron concurring) |
Keywords | |
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