Naisbitt v Road Accident Fund (85653/2014)
Naisbitt v Road Accident Fund (85653/2014) [2015] ZAGPPHC 969 (24 August 2015)
The court found that the plaintiff and the deceased entered into an express agreement after their divorce, whereby the deceased undertook to maintain the plaintiff for the rest of his life. The evidence, which was uncontested and corroborated by the plaintiff's sons, established that the deceased continued to support the plaintiff and that she reasonably expected this support to continue. The court held that such an undertaking gave rise to a legally enforceable duty of support, which the law must protect. Accordingly, the Road Accident Fund is liable for the plaintiff's loss of support resul…
Source excerpt
- Loss Of Support
- Duty Of Support
- Express And Tacit Agreement
- Road Accident Fund Act
- Maintenance After Divorce