oa Codicillus - Nasciturus fiction and the principles of the law of delict considered in the light of a recent judgment.
This article is about the recognition of a foetus' claim for pre-natal injuries. Our law recognises the right of a child to claim damages for injuries suffered prenatally. The main difficulty is whether to apply the nasciturus rule or fiction or the ordinary principles of the law of delict. Pinchin v Santam Insurance Co Ltd 1963 (2) SA 254 (W) and Road Accident Fund v Mtati 2005 (6) SA 215 (SCA) will be considered.
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