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 ...
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 ...
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 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 ...
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 ...