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South Africa Case Law

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Delict [2005] ZASCA 65

Road Accident Fund v Mtati (332/2004)

Road Accident Fund v Mtati (332/2004) [2005] ZASCA 65; [2005] 3 All SA 340 (SCA); 2005 (6) SA 215 (SCA) (1 June 2005)

Court
Supreme Court of Appeal
Case number
332/04
Judges
MPATI, ZULMAN, FARLAM, VAN HEERDEN, JAFTA

The court held that a child born alive with injuries linked to a prenatal motor accident may claim under Article 40 and rejected the special plea.

  • Nasciturus Fiction
  • Pre Natal Injury
  • Motor Vehicle Accident
  • Compensation For Injury
  • Duty Of Care
  • Delict
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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.

Source links and collection timestamps are retained alongside the indexed records.