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South Africa Case Law

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Delict [2018] ZASCA 52

Bee v Road Accident Fund (093/2017)

Bee v Road Accident Fund (093/2017) [2018] ZASCA 52; 2018 (4) SA 366 (SCA) (29 March 2018)

The majority of the Supreme Court of Appeal held that the appellant's injuries significantly impaired his ability to perform his pre-accident functions in the close corporation, resulting in diminished profits and loss of earning capacity. The court found that the joint minute of forensic accountants, which agreed on the methodology and factual assumptions for quantifying loss, was binding in the absence of timeous repudiation. The appellant's post-injury earnings exceeding a market-related salary for his reduced role were the result of benevolence and should be disregarded under the collater…

  • Loss Of Earning Capacity
  • Collateral Source Rule
  • Quantification Of Damages
  • Expert Evidence
  • Joint Minute Of Experts
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