Law of Contract and Delict
Contract
Namibian contract law is Roman-Dutch common law. Formation requires consensus, capacity, legality, certainty and, where prescribed, formalities. The Alienation of Land Act 29 of 1966 requires a sale of land to be in writing and signed by the parties (or their agents), failing which it is unenforceable. Mistake must be iustus and material; a signatory is generally bound by signature (caveat subscriptor) unless misled. Remedies are specific performance, cancellation and damages for the positive interest, subject to the exceptio non adimpleti contractus. Prescription runs for three years under the Prescription Act 68 of 1969.
Delict
The Aquilian action protects patrimonial loss; the actio iniuriarum protects personality rights. The elements are conduct, wrongfulness (measured against the boni mores and legal duty), fault (intention or negligence), causation and damage. Negligence is tested by the reasonable person: would a reasonable person foresee harm and take steps to prevent it? Factual causation uses the conditio sine qua non; legal causation limits the chain. Under the Apportionment of Damages Act 34 of 1956, contributory negligence reduces the award.
Worked example
A taxi driver overtakes on a blind rise and collides with a cyclist, aggravating the cyclist's pre-existing spinal condition. Foreseeability and preventability establish negligence; factual causation is satisfied because the collision was a necessary condition of the harm; legal causation is not broken by the thin skull (talem qualem principle), so the driver takes the victim as found. If the cyclist was riding without a light, the court apportions damages.
Traps
Claiming both cancellation and specific performance inconsistently; failing to plead the contract; and treating factual causation as sufficient without addressing legal causation.