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Distinguishing Between Private Law and Social–Security Law in Deducting Social Grants from Claims for Loss of Support
This article attempts to highlight the potential danger in applying private–law principles to social–security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue ...
"Fair" Mathematics in Assessing Delictual Damages
In assessing delictual damages the plaintiff is burdened with the duty to prove loss with a preponderance of probability, including uncertain future loss. In quantifying such a claim an actuary is often used to make actuarial ...
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law
In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of ...
Gebeurlikhede en die bewyslas in die deliktuele skadevergoedingsreg
Contingencies can be described as uncertain circumstances of a positive or negative nature which, independent of the defendant’s conduct and if they should realise, would probably influence a person’s health, income, ...
The interpretation of the amended RAF act 56 of 1996 and the regulations thereto by the courts with regard to "serious injury" claims
The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1) and 17(1A) introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for ...