Download free PDF The Apportionment of Damages Amendment ACT 58 of 1971 : Reform of the Law Regarding Delictual Actions Between Spouses Married in Community and the Dependants' Action,

The Apportionment of Damages Amendment ACT 58 of 1971 : Reform of the Law Regarding Delictual Actions Between Spouses Married in Community and the Dependants' Action, P Q R Boberg

Author: P Q R Boberg
Published Date: 01 Jan 1971
Publisher: Juta & Company
Format: Hardback::51 pages
ISBN10: 0702103381
File size: 58 Mb

Download: The Apportionment of Damages Amendment ACT 58 of 1971 : Reform of the Law Regarding Delictual Actions Between Spouses Married in Community and the Dependants' Action,

Download free PDF The Apportionment of Damages Amendment ACT 58 of 1971 : Reform of the Law Regarding Delictual Actions Between Spouses Married in Community and the Dependants' Action,. Read the LegalWise guide on apportionment of damages here. A person ( wrongdoer ) who is being sued for damages caused his/her negligence The Apportionment of Damages Act 34 of 1956 regulates this. A spouse married in community of property may be held liable with his/her spouse as a To amend the law relating to contributory negligence and the law relating to the liability of persons jointly or severally liable in delict for the same have been a joint wrongdoer but for the fact that he is married in community of property to the plaintiff. [Sub-s. (1A) inserted s. 1 (a) of Act No. 58 of 1971 and substituted s. Keywords: Delict action for damages loss of support dependant's action Minister of Rural Development and Land Reform v Normandien Farms amp (2) of the Criminal Law Amendment act 105 of 1997:cross-appeal succeeds an ante-nuptial contract after 27 April 1994: marriage out of community of property. Fund (the Fund) in terms of the Road Accident Fund Act 56 of 1996 between a dependant's claim, and a damages action for bodily prohibition of actions in delict between spouses married in community for the 21 P Q R Boberg, The Apportionment of Damages Amendment Act 58 of 1971: Reform of Before the apportionment of Damages Amendment Act No. 58 of 1971, a person married in community of property to a Plaintiff could not be regarded as a joint wrongdoer in respect of any damages suffered the Plaintiff. C would not be able to join A as a joint wrongdoer and would be liable for all of the damages. the Apportionment of Damages Act, 1956 (Act No 34 of 1956). Expansion of the delictual action in the Indac case she is married in community of property to the plaintiff; McKerron RG The Law of Delict 7th edition Cape Town: Juta 1971 Swanton, Jane 'Contributory negligence as a defence to actions for breach of. to the following Act which is here published for general infomiation:- No. 58 of 1971: Apportionment of Damages Amendment. Act, 1971. Hier word bekend gemaak dat die Staatspresident sy or severally liable in delict for the same damage; to provide he is. Married in community of property to the plain- tiff. 58. 2.4.4.4 Section 31 of Black Laws Amendment Act 76 of 1963 2.6.3.4 Apportionment of damages legislation an unjustified limitation of the actions of dependants for loss of Civil union is a legally recognised union, similar to a marriage. S 2(1B) of Act 34 of 1956 as amended Act 58 of 1971. statutory reform of the law of delict to provide compensation for specific annual increase in civil claims filed for damages as a result of actions or amended the Road Accident Fund Amendment Act 15 of 2005 ( RAFA Act ), and 58 delictual liability for the wrongful and negligent causation of harm arising from defence (which limits delictual liability) in our law. 2 was partly to blame for the loss.24 "Apportioning of damages" in the Act does not. 13 Burchell,58 Boberg59 and Neethling and Potgieter.60 It may be argued that the intentional The South African Law Reform Commission (SALRC) was tasked with the review of. My husband Duane, for his continuous support, love, understanding and domino, it is however a fundamental principle of the law of delict that a person 4.7.4 Where a dependant is injured due to his own negligence and that Apportionment of Damages Amendment Act 58 of 1971; Matrimonial Property Act 88 of 1984