Cluver Markotter

Two book publications this year by Cluver Markotter director, prof Max Loubser

This year saw the publication of two books by Cluver Markotter director, Prof Max Loubser.  Extinctive Prescription (2nd edition), deals with the effect of the passage of time on obligations (debts), in terms of the Prescription Act 68 of 1969. This book has become a standard textbook on the law of prescription and is often referred to in court judgments in prescription cases. The other book, Tort Law in South Africa, deals with the law of delict in South Africa (this area of law is referred to as “the law of tort” in many other jurisdictions). The law of delict mainly provides for the right to claim compensation for harm wrongfully and negligently (or intentionally) caused by one person to another.



This second edition of Extinctive Prescription reflects the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition. The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of the theory and policy required for its application.

Extinctive Prescription

The publication of this book was announced as follows by the publishers, Wolters Kluwer of the Netherlands:

We are pleased to inform you that prof Max Loubser’s contribution, “IEL Tort Law in South Africa”, which has been published as part of the International Encyclopaedia of Laws, also became available in October 2020 as a separate paperback book printed on demand.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the law of delict (tort) provides for compensation for harm and loss allocation in South Africa. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the book describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in South Africa. Academics and researchers will also welcome this very useful guide and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Tort Law in South Africa

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