oa Codicillus - Law of delict : from the law reports

Volume 42, Issue 1
  • ISSN : 0010-020X



Extracted from text ... Law of delict /DELIKTEREG Motor vehicle accident ? Miller v Road Accident Fund [1999] 4 All SA 560 (W) The plaintiff was injured while trying to rescue passengers from a vehicle which had spun off the road due to the negligence of the driver of the car. The plaintiff instituted a claim against the RAF. The court held that it had to consider three questions: (1) Was the driver of the insured vehicle causally negligent in allowing his vehicle to go out of control? (2) Was the plaintiff's action in coming to the rescue of the driver reasonable? (3) Was the injury ..

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