Or inaction, which can make things significantly messier in this situation...
I also find there's a disturbing trend in adjudication towards the complainant merely having to establish that they have suffered damage/a loss and point a finger of blame, and the onus then falls on the defendant to establish that they are not responsible for the loss. (e.g Consumer Protection Act).
I was going to raise this.
The CPA imposes strict liability. If any goods cause harm then the plaintiff can pick a defendant.
Which raises a thorny conundrum.
Anthony Sterne
www.acumenholdings.co.za DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
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