Road Accident Fund v Mtati 2005 PDF

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PRIVATE LAW 171: Case Summary Road Accident Fund v Mtati 2005 (6) SA 215 (SCA) Facts:

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Pregnant mother who was pedestrian injured in collision Plaintiff (Mtati) who became the respondent Defendant (RAF) who became the appellant RAF & relevant legislation

Decision of court a quo (original decision):    

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Reference to Pinchin and Another NO v Santam Insurance “Social legislation” “Duty of care” “Floodgates argument” (open the floodgates for everyone to claim damages in context of the law of delict - NO: elements of delict, including causation, still need to be present) Meaning of “person”

Decision of SCA:  Action for prenatal injuries? Yes   

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Montreal Tramways Co v L3veill3 Confirms Pinchin v Santam Insurance BUT Nasciturus fiction or law of delict? (accident and damages separated in time and place, actual damage occurs once unborn is a person - born) Case not successful on case: element of causation absent (can make use of only elements of a delict, no need to consider Nasciturus as well)...