The Conundrum of Two Fellows in The Same Ship: A Comparative Legal Analysis of The Duplicity of Damages in South Africa

What is it about?

This article explores the instances where the right to claim delictual damages overlaps with the right to claim constitutional damages and discusses the possible development of constitutional damages in South Africa. The article proposes an approach in the application of the two remedies which will enable the courts to be co ordinated in their determination of which remedy to apply.

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