T obo Minor v Road Accident Fund (1322/2016)
T obo Minor v Road Accident Fund (1322/2016) [2017] ZALMPPHC 13 (29 June 2017)
The court found that the plaintiff failed to prove the existence of a permanent life partnership or a legally enforceable reciprocal duty of support. The evidence did not demonstrate sufficient stability, commitment, or public recognition of the relationship, nor did it show that the deceased intended to be legally bound to support the plaintiff. The plaintiff was not solely dependent on the deceased's income and had her own employment and qualifications. There was no express or tacit agreement establishing a duty of support. Consequently, the plaintiff lacked locus standi to claim loss of su…
Source excerpt
- Locus Standi
- Loss Of Support
- Permanent Life Partnership
- Maintenance Of Surviving Spouse Act
- Reciprocal Duty Of Support