Delictual Liability for Negligent Interference with a Contractual Relationship – Minister for Safety and Security v Scott

Journal of Contemporary Roman-Dutch Law, Vol. 78, p. 162-169, 2015

8 Pages Posted: 15 Aug 2015

See all articles by J. Neethling

J. Neethling

University of the Free State - Faculty of Law

Johan Potgieter

Independent

Date Written: February 13, 2015

Abstract

It has always been controversial whether the negligent interference with a contractual relationship can also found the Aquilian action. In Shell and BP SA Petroleum Refineries (Pty) Ltd v Osborne Panama SA 1980 3 SA 653 (D) the court was in principle willing to grant the actio legis Aquiliae in a case where the interference with a contractual relationship consisted of aggravating a contractual obligation. The claim, however, failed as a result of the absence of a legal duty – and consequently wrongfulness – as against the plaintiff. Also in Dantex Investment Holdings (Pty) Ltd v Brenner 1989 1 SA 390 (A) 395 there was not an outright rejection of the possibility of liability for the negligent interference with a contractual relationship; instead, the Appellate Division left the question concerning such a possibility open (see also Lanco Engineering CC v Aris Box Manufacturers (Pty) Ltd 1993 4 SA 378 (D) 380-381). In AB Ventures Ltd v Siemens Ltd 2011 4 SA 614 (SCA) the Supreme Court of Appeal also dealt with the negligent interference with a contractual relationship, albeit not by name, where the contractual obligations of a contracting party were increased. However, the claim was dismissed for lack of wrongfulness on the part of the defendant. Liability for negligent interference with a contractual relationship was also at issue in the case under discussion.

Keywords: contract, delict, negligent interference with contractual relationship

Suggested Citation

Neethling, J. and Potgieter, Johan, Delictual Liability for Negligent Interference with a Contractual Relationship – Minister for Safety and Security v Scott (February 13, 2015). Journal of Contemporary Roman-Dutch Law, Vol. 78, p. 162-169, 2015, Available at SSRN: https://ssrn.com/abstract=2643410

J. Neethling (Contact Author)

University of the Free State - Faculty of Law ( email )

205 Nelson Mandela Drive
Park West
Bloemfontein, Free State 9300
South Africa

Johan Potgieter

Independent ( email )

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
150
Abstract Views
803
rank
247,946
PlumX Metrics