LPL4802
ASSIGNMENT 1
DUE DATE: 27 AUGUST 2026
, LPL4802 ASSESSMENT 1 2026
DUE 27 AUGUST 2026
QUESTION 1.1
The applicant relied on the principle res inter alios acta alteri nocere non debet during
the proceedings.
Using Chapter 10 of the prescribed textbook, determine whether this principle is
correctly regarded as a binding rule of law or merely a legal maxim expressing
the conclusion reached after considering the facts of a particular case. Support
your answer by referring to relevant case law and academic opinion discussed in
the prescribed textbook and explain the significance of the principle in Ngcobo v
Oelofse and Others.
The res inter alios acta principle is correctly regarded not as a binding rule of law but as
a legal maxim that expresses a conclusion reached after considering the facts of a
particular case. As the prescribed textbook explains, "res inter alios acta contains no
answer to the problem of whether a benefit may be taken into account or not. This
maxim is only a way of expressing a conclusion, which has been reached through a
different process, namely that a benefit is not to be taken into account."¹
In Santam Versekeringsmaatskappy Bpk v Byleveldt, the court confirmed that the rule is
"difficult to apply, since there are instances where the relationship between X and Z
influences the relationship between X and Y. Whether this is the case is determined by
factors such as reasonableness, equity and public policy."²
¹ JM Potgieter, L Steynberg and TB Floyd Visser & Potgieter Law of Damages 3rd ed (2012) 231-232.
² Santam Versekeringsmaatskappy Bpk v Byleveldt 1973 (2) SA 146 (A) at 172.
ASSIGNMENT 1
DUE DATE: 27 AUGUST 2026
, LPL4802 ASSESSMENT 1 2026
DUE 27 AUGUST 2026
QUESTION 1.1
The applicant relied on the principle res inter alios acta alteri nocere non debet during
the proceedings.
Using Chapter 10 of the prescribed textbook, determine whether this principle is
correctly regarded as a binding rule of law or merely a legal maxim expressing
the conclusion reached after considering the facts of a particular case. Support
your answer by referring to relevant case law and academic opinion discussed in
the prescribed textbook and explain the significance of the principle in Ngcobo v
Oelofse and Others.
The res inter alios acta principle is correctly regarded not as a binding rule of law but as
a legal maxim that expresses a conclusion reached after considering the facts of a
particular case. As the prescribed textbook explains, "res inter alios acta contains no
answer to the problem of whether a benefit may be taken into account or not. This
maxim is only a way of expressing a conclusion, which has been reached through a
different process, namely that a benefit is not to be taken into account."¹
In Santam Versekeringsmaatskappy Bpk v Byleveldt, the court confirmed that the rule is
"difficult to apply, since there are instances where the relationship between X and Z
influences the relationship between X and Y. Whether this is the case is determined by
factors such as reasonableness, equity and public policy."²
¹ JM Potgieter, L Steynberg and TB Floyd Visser & Potgieter Law of Damages 3rd ed (2012) 231-232.
² Santam Versekeringsmaatskappy Bpk v Byleveldt 1973 (2) SA 146 (A) at 172.
