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South Africa Case Law

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Delict [2021] ZAMPMBHC 14

Ngobe v Road Accident Fund (3367/2018)

Ngobe v Road Accident Fund (3367/2018) [2021] ZAMPMBHC 14 (18 May 2021)

The court held the unidentified driver negligent for swerving into oncoming traffic, and found the plaintiff acted reasonably in a sudden emergency.

  • Road Accident Fund Act
  • Negligence
  • Emergency Situation
  • Unidentified Driver Liability
  • Road-accident-fund
  • Sudden-emergency
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Delict [2015] ZAGPJHC 155

Gerber v Road Accident Fund (11/3022)

Gerber v Road Accident Fund (11/3022) [2015] ZAGPJHC 155 (26 June 2015)

The High Court found the Road Accident Fund liable after a truck collision involving gas bottles, holding the plaintiff was not negligent and rejecting novus actus.

  • Road Accident Fund Act
  • Negligence
  • Rear End Collision
  • Emergency Situation
  • Legal Causation
  • Punitive Costs
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Delict [2001] ZASCA 83

Daniels v Moodley (480/99)

Daniels v Moodley (480/99) [2001] ZASCA 83 (31 August 2001)

The court held that the respondent was negligent. Despite the absence of warning signs, the respondent knew the road was under construction and unmarked, having driven on it earlier that day. A reasonable driver would have foreseen the possibility that the extended portion of the road would end within a short distance and would have adapted their driving accordingly. The respondent's failure to do so, and his assumption that the extension was part of a dual carriageway, fell short of the standard of care required. The negligence of the road authority did not absolve the respondent, as he was…

  • Negligence
  • Motor Vehicle Collision
  • Standard Of Care
  • Emergency Situation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.