General Accident Insurance Co (SA) Ltd v Summers; In re: Southern Versekerings Assosiasie BPK: General Accident Insurance Co (SA) Ltd (456/85)
General Accident Insurance Co (SA) Ltd v Summers; In re: Southern Versekerings Assosiasie BPK: General Accident Insurance Co (SA) Ltd (456/85) [1987] ZASCA 65; [1987] 2 All SA 345 (A) (2 June 1987)
The Supreme Court of Appeal held that there is no absolute rule requiring damages for loss of support or earning capacity to be discounted to the date of the delict. The court found that such an approach may be unfair to plaintiffs who only receive payment years after the delict occurred, as it would not fully compensate them for their actual losses. The court endorsed the method of awarding past losses undiscountered and discounting future losses to the date of trial, provided proper allowance is made for contingencies. This approach is consistent with actuarial practice and the aim of placi…
Source excerpt
- Assessment Of Damages
- Loss Of Earning Capacity
- Loss Of Support
- Discounting Of Future Losses
- Contingencies In Damages
- Interest On Unliquidated Claims