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Rewriting “reasonableness” in African private law: A neurodiversity perspective
In this week’s post, Professor Franaaz Khan explores the potential development of the reasonableness standard in the South African law of delict in order to accomodate the distinctive cognitive abilities of neurotypical individuals arguing that reasonableness does not exist in a vacuum but should be contextual. She argues that the need to develop the common law in line with the spirit purport and objects of the Bill of rights particularly advancing the rights to dignity and equality necessitate such a shift in doctrine.
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