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Are you legally obliged to actively prevent accidents from happening to others?






Company Listing: Camargue Academy »

Just after 9pm on 16 April 2006 Mr Swinburne fell and injured himself whilst climbing a short flight of stairs from a garage area to the residential flats. He attributed his fall to the negligence of the landlord who failed to erect a handrail on the stairs.

Although the court ruled in favour of Mr Swinburne, the ruling highlighted a few important legal points. It stated that “In general the legal position is that people are not under a legal duty to prevent physical harm to others, whatever moral duty they may be … under.

However in certain circumstances a legal duty to prevent harm or to protect another against harm may arise.” The ruling then went on to explain that one of those significant exceptions is the safety of premises “… it is the owner’s legal duty to ensure that the premises are safe for those that use them. That is so whether one is dealing with trespassers, invitees or others … such as tenants.”

Camargue Liability Academy for Brokers (LAB) - Did You Know Series

Source: Camargue LAB
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                              Small Cap Funds:

                              Also called micro cap funds, these seek maximum capital appreciation by investing in smaller companies with a high growth potential. These companies fall outside the top 100 largest shares on the JSE and by nature these funds tend to be more volatile than those that are diversified across the whole of the JSE. New investment by these funds is restricted to small cap shares, and at least 75 percent of the fund must be invested in small cap shares ...
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