Confusing wrongfulness and negligence

Confusing wrongfulness and negligence

Is the duty of care doctrine foreign to the principles of Roman Dutch law?  Neethling and Potgieter, referred to in this recent Supreme Court of Appeal judgment, say that the doctrine “is an unnecessary and round about way of establishing what may be established directly by means of the reasonable person test for negligence, i.e., whether the reasonable person would have foreseen and guarded against damage”.  In the case before it, it was unnece…