Road Accidents Fund v Clayton (139/2001)
Road Accidents Fund v Clayton (139/2001) [2002] ZASCA 77; 2003 (2) SA 215 (SCA) (31 May 2002)
The Supreme Court of Appeal held that article 43 applies to all claims for compensation under article 40, including those subject to the limitation in article 46. Article 46 does not create liability but limits liability created by article 40. There is no warrant for reading article 43 as inapplicable to limited claims. The absence of cross-referencing or exclusionary language between articles 43 and 46 supports the general applicability of article 43. The Fund may invoke article 43 in respect of any component of a claim, but the claimant retains the right to prioritize which component is sat…
Source excerpt
- Interpretation Of Statutes
- Limitation Of Liability
- Motor Vehicle Accident Claims
- Multilateral Motor Vehicle Accidents Fund Agreement