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South Africa Case Law

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Delict [2024] ZAGPPHC 1338

Moremedi v Road Accident Fund (86838/19)

Moremedi v Road Accident Fund (86838/19) [2024] ZAGPPHC 1338 (18 December 2024)

Court
North Gauteng High Court, Pretoria
Case number
86838/19
Judge
H Kooverjie

The court found that the plaintiff's claim had not prescribed because she only became aware of the under-settlement in 2019 upon consulting her attorney. Prescription under the Prescription Act commences when the creditor has knowledge of the debt, which in this case was when the plaintiff learned her claim was under-settled. The Road Accident Fund's special plea of prescription was dismissed, and the Fund was held liable for 100% of the plaintiff's proven damages arising from the accident. The issue of quantum was separated for later determination. The Fund's repudiation of liability was rej…

Source excerpt

  • Road Accident Fund Act
  • Prescription Act
  • Duty Of Care
  • Under Settlement
  • Separation Of Merits And Quantum
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Civil Procedure [2015] ZAECPEHC 65

Sutherland v Drake Flemmer & Orsmond Incorporated and Another (1576/2015)

Sutherland v Drake Flemmer & Orsmond Incorporated and Another (1576/2015) [2015] ZAECPEHC 65 (24 November 2015)

Court
Eastern Cape High Court, Port Elizabeth
Case number
1576/2015
Judge
E Revelas

The court held that while damages for breach of contract are generally assessed as at the date of breach, this is not a rigid rule. In cases of professional negligence by attorneys, especially where the breach involves failure to pursue claims for prospective losses, it is necessary and fair to admit evidence obtained after the date of breach to properly quantify damages. Restricting admissible evidence to that available at the date of breach would prevent the plaintiff from being placed in the position he would have occupied had the contract been properly performed. The authorities cited sup…

Source excerpt

  • Professional Negligence
  • Breach Of Mandate
  • Quantification Of Damages
  • Assessment Of Evidence
  • Under Settlement
  • Loss Of Earnings
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About this LexChat collection

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.