1. Paixão And Another v Road Accident Fund 2012 (6) SA 377 (SCA)
2. The court of the first instance was at the South Gauteng High Court, Johannesburg and the judge was Mathopo J.
3. Paixao and Another v Road Accident Fund [2011] ZAGPJHC 68
4. The Road Accident Fund is the South Africans state insurer, which is entailed in law regulations relating to the issue of delict in accordance with the Act for damages or loss, for people in society who are involved in motor vehicle accidents.
5. Widowed, Mrs Paixao was in a permanent heterosexual relationship with Mr Gomes. Mrs Paixão and her daughter, Michelle Orlanda Santos sued The Road Accident Fund, as they acclaimed that they had endured a loss of support and maintenance due to Mr Gomes death in a motor vehicle collision, as he was their sole financial provider and therefore asked for compensation. There was no legal obligation for Mr Gomes to support the dependents, rather he did it out of gratitude and therefore the Road Accident Fund rejected their claim.
6. The judges who concurred in the judgment were: Cachalia JA, Mthiyane DP, Tshiqi JA, Petse JA and Southwood AJA.
7. The central legal question of this case is, whether common law should extend its regulations taking into consideration dependents, which are not married but are related to permanent heterosexual relationships, if they are applicable to make maneuvers.
8. The dependents action for loss of support can be instituted against the Road Accident Fund.
9. Yes, Ms Paixão and Mr Gomes were engaged at the beginning of 2006 because the divorce was validated in June 2005 according to South African law. However, the marriage to Mrs Melro was still recognized in Portugal until 2007. Therefore the engagement, according to...
... middle of paper ...
...e's support. Furthermore, this has been a trend of common law broadening as according to another case. A divorcee, who had been receiving maintenance payments from her previous husband in accordance to a court order at the time of his death, became legal. Relating to another case. The appeal of a widow's claim corresponding to a marriage under African customary law became legal. Also, a Muslim widow whose marriage under Islamic law had not been registered as a civil marriage under the Marriage Act 25 of 1961 was approved by the legal system in South Africa. Lastly a claim by a partner of a same-sex permanent life relationship, who was tacitly involved in reciprocal duties of support with the deceased, was granted his appeal in South African Law.
Road Accident Fund Act, 1996 [No. 56 of 1996]
Paixão And Another v Road Accident Fund 2012 (6) SA 377 (SCA)
Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)
Linder, Douglas O. "Judge James E. Horton." UMKC School of Law. 1999. Web. 24 Feb. 2011.
cause was that of Divorce. She believed that people ought to be able to obtain a
Part B: I. The justice in this case is Justice Sonia Sotomayor, Circuit Justice for the 10th circuit.
The parties involved are Jonathan and the Ambulance Service. The claimants involved are; Albert, George and Victor in question.
As Driver 1, approached the right hand turn on Patterson Road, he drove through the curve in the roadway and appeared to make an unsuccessful attempt to steer back to the roadway as evidenced by two short, offset tire marks located on the white fog line along the west road edge. The motorcycle travelled approximately 25.38 feet on the grass prior to tumbling. The motorcycle then began to tumble at which point Driver 1 was likely ejected and both continued on separate paths. Vehicle 1 tumbled approximately 119.52 feet prior to tumbling through the fence line and into a grass field. Driver 1 tumbled approximately 128.33 feet in a northwest direction, coming to rest near the fence line.
Dodds Streeton J is the judge of this case. Her title displays that she is Honourable Judge and she is in control.
Francis Kirimi Muthaura and Uhuru Muigai Kenyatta consist of three judges. The judges that involved during the trial are consisting of Judge Kuniko Ozaki as the Presiding Judge, Judge Christine Van den Wyngaert and Judge Chile Eboe-Osuji.
As a plaintiff, Georgina (P) has suffered a legally-recognisable harm, as she broke several of her ribs and suffered from severe internal bleeding. Georgina then need to establish a duty of care owed by Andrew (D) to her.
These types of claims result in substantial damages due to the severity of the injuries in commercial truck accidents. This immediately places the injury victim at a disadvantage. However, experienced truck accident attorneys understand insurance tactics and they can balance the playing field for injury victims. Our truck accident attorneys know the steps to take to protect key evidence we need to get you the compensation you deserve for your injuries.
Both passengers of the vehicle have currently filed suit against the company for compensatory damages. Compensatory damages are intended to provide relief to the affected individuals. The driver of the vehicle has suffered a back injury which prohibits him from participating in military training. This has directly resulted in his inability to deploy so he can sue the company for the money that he would have received had he deploye...
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Defendant Chris Williams (herein “Williams”) respectfully submits this Memorandum of Law in support of its Motion for Summary Judgment. As set forth in detail below, there is no genuine issue as to any material fact, and Summary Judgment in favor of Chris Williams should be granted.
A marriage can be void when the parties are not male and female partners. In Ghaidan v Godin-...
Law Of Tort This is a fairly unique case in the respect that there was one victim named Imogen who was first hit by a car and secondly run over by a van and was left with a concussion and a lame leg due to somewhat negligent riving skills of two drivers. Secondly there was a pedestrian and a witness to all of this, Gabriel who suffered psychiatric illness after he has rescued the injured child. Since the accident took place in England law of tort would be applicable, which is prevalent in England, Wales and Scotland and the parties who would be able to file the claim are Imogen and Gabriel. The guilty parties are Horace, the driver of the car and Joseph who was driving the van. To begin with if we look at the case more closely, Imogen was walking on the zebra crossing and that was her right and any passerby in a car should have halted which Horace did not. It was Gabriel who took a lot of risk and rescued the kid but to what avail. Once he had dragged her out the van ran over the kid damaging her leg almost permanently. The driver Joseph was speeding notably fast just because he was late on duty to his own negligence and that makes him guilty on two counts. First he dishonored his employer and secondly ran over a kid who was lying on the road because of his speeding. Not only by the rules of driving but also in the light of humanitarian laws that is simply unacceptable and it does get any more reckless than this. The law would definitely come into play and it depends on how these two present their cases. This is the case of proposition underpinning the deduction options. It has to be argued whether the parties agree or disagree with that proposition. It is particularly interesting to hear views on discussion of the policy argum...