n Without Prejudice - The last word on prescription : the law
|Article Title||The last word on prescription : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Deniro Pillay and Megan Timmer|
|Publication Date||Jul 2010|
|Pages||55 - 56|
When does a defendant's claim against a third party for an indemnification or a contribution prescribe? This question was pertinently answered by the Court in Lamont and Another v Rocklands Poultry and Others 2010 (2) SA 236 (ECP). A defendant's claim against a third party, for an indemnification or a contribution only arises from the date on which the defendant is found liable to a plaintiff. It follows that a defendant's claim against a third party will prescribe three years after that date.
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