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MTO Forestry v Swart (420/2016) [2017] ZASCA 57 (22 May 2017) MTO Forestry v Swart (420/2016) [2017] ZASCA 57 (22 May 2017) hotpic

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Delict: wrongfulness and fault separate elements: regard not to be had to foreseeability of harm in determining wrongfulness: whether reasonably adequate steps taken by landowner to prevent fire spreading to neighbour’s property. Presumption of negligence in s 34 of the National Veld and Forest Fire Act 101 of 1998: effect thereof when facts known.
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Created 2017-05-22
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