In Dukes v Marthinusen, the Supreme Court of Appeal held it to be consistent with principles of the law of delictual liability that a duty cast upon a defendant might be such that it is discharged only if reasonable precautions to avoid harm are actually taken, and that the defendant who appoints another to take those steps, and fails to do, will be liable for the failure. In casu, the defendant had employed an independent contractor to demolish certain buildings. In a claim for damages arising from the negligent performance of the work, Stratford ACJ said the following after considering various cases in South Africa and in England: