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South Africa Case Law

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Delict [2019] ZAFSHC 131

M V and Others v Road Accident Fund (1705/2017)

M V and Others v Road Accident Fund (1705/2017) [2019] ZAFSHC 131 (25 July 2019)

High Court damages judgment on loss of support after a fatal motor vehicle collision, fixing contingency deductions and rejecting a separate remarriage deduction.

  • Loss Of Support
  • Contingency Deductions
  • Road Accident Fund Act
  • Remarriage Deduction
  • Road-accident-fund
  • Loss-of-support
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Delict [2017] ZAGPPHC 640

N v Road Accident Fund (9417/2009)

N v Road Accident Fund (9417/2009) [2017] ZAGPPHC 640; 2018 (1) SACR 20 (GP) (6 September 2017)

High Court damages award for loss of support after a fatal motor accident, addressing contingency deductions, accelerated inheritance, and remarriage prospects.

  • Loss Of Support
  • Contingency Deductions
  • Accelerated Inheritance
  • Remarriage Deduction
  • Actuarial Calculation
  • Loss-of-support
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Delict [1998] ZASCA 93

Ongevallekommissaris v Santam Bpk. (423/96)

Ongevallekommissaris v Santam Bpk. (423/96) [1998] ZASCA 93; 1999 (1) SA 251 (SCA); [1998] 4 All SA 507 (A) (29 September 1998)

The Supreme Court of Appeal held that the principle requiring deduction of the benefit of remarriage when calculating a widow's damages for loss of maintenance is firmly established in South African law and is based on considerations of fairness and equity. The Court rejected the argument that remarriage should be disregarded, finding that the approach is not illogical or anomalous, nor does it result in unequal treatment. The Court further found that the decision in Glass v Santam Insurance Ltd and Another was incorrect in holding that remarriage ends the period for calculating loss. Instead…

  • Wrongful Death
  • Remarriage Deduction
  • Quantum Of Damages
  • Dependants Action
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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.