Element checklists for common causes of action, with authorities from SAFLII. Verify coverage as you draft, or use as a quick reference before filing.
Checklist for a claim based on breach of contract. Covers the essential elements that must be pleaded: existence of the contract, its terms, performance or tender, breach, and damages.
Checklist for a claim for a liquidated amount — a fixed, ascertainable sum of money owed. Covers claims arising from contract, statute, or other cause of action where the amount is certain or ascertainable by calculation.
Checklist for a claim in delict for patrimonial (financial) loss under the Aquilian action. Covers all five elements: wrongful act, fault, causation, harm, and damages. NOTE: This does NOT cover personality rights claims (defamation, privacy, dignity) — those require the actio iniuriarum, which has different elements (intention is required, not negligence).
Checklist for a claim based on unjust enrichment. South African law recognises several condictiones (enrichment actions). This covers the general requirements and the most common forms: condictio indebiti (payment of a debt not owed) and the general enrichment action.
Checklist for bringing an urgent application in the High Court. Covers every requirement for establishing urgency, what the founding affidavit must contain, and the interim interdict requirements if interdictory relief is sought.