Constantia Versekeringsmaatskappy Bpk. v Victor (470/84)
Constantia Versekeringsmaatskappy Bpk. v Victor (470/84) [1985] ZASCA 138; [1986] 2 All SA 6 (A) (29 November 1985)
The Supreme Court of Appeal held that the adoption of a child after the wrongful death of his natural parents does not extinguish or reduce the child's right to claim damages for loss of support. The maintenance obligation of the adoptive parent is a new legal duty, distinct from the right to compensation for the loss suffered due to the death of the natural parents. The analogy to a widow's remarriage is inappropriate, as adoption is not a direct consequence of the wrongful death and should not be considered a mitigating factor in the calculation of damages. The damages awarded for loss of s…
Source excerpt
- Loss Of Support
- Adoption Effect On Damages
- Quantification Of Damages
- Motor Vehicle Insurance
- Child Maintenance
- Compensation For Dependants