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quantification of damages south africa

CHAPTER 1 - Introduction. Actuaries that … Damages, trade and other litigation ... South Africa has a high proportion of banked adults but cash still accounts for over 50% of the total value of all consumer transactions. by Deon Francis and Reshana Pillay Routledge Modise To print this article, all you need is to be registered or login on Mondaq.com. Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) By Wim Loots. That course has been followed in the present case. Rarely do our courts determine compensation without having had the opportunity to consider actuarial opinion. The question related to the basis of assessment of damages when an alternative prayer for damages is granted. FIND MORE LEGAL ARTICLES. • No express compensation for dependants. The application for quantification damages by Nyakunu did not arise out of Section 93 (7), but as a result of an appeal in terms of Section 98 (10) of the Act. Neethling J and Potgieter JM Neethling-Potgieter-Visser Law of Delict 6th ed (Lexis Nexis Durban 2010) Ogus Law of Damages . Related Content. CHAPTER 2 - Principles. Eric has over three decades of forensic and accounting experience. There are no reported South African judgments in which the validity of a unilateral or optional arbitration clause has been considered by a South African court. Ogus AI The Law of Damages (Butterworths London 1973) Paizes 1999 SALJ Under South African law there is no formula and extremely limited precedent outlining the calculation of constitutional damages. Quantification of Optimum Lead-lag Distances in South African Gold Mines O.D. In in a legal sense, “damages” refers to monetary compensation that is claimed by a person or awarded by a court in a civil action to a person who has been injured or suffered loss because of the wrongful conduct of another party. Considerations for the quantification of damages awards. Innes CJ stated at 310: ‘ It is a common practice, in South Africa to add to a prayer for specific performance, an alternative prayer for damages. This note provides an explanation of the approach, principles and techniques used by forensic accountants in quantifying damages. South Africa’s big banks are being taken to the Constitutional Court over home repossessions. South Africa: General Damages ....In General 02 December 2011 . UGANDA • Provides for: • Economically assessable damages e.g. Introduction Most businesses utilize vehicles in their daily operations. Free Practical Law trial. The need for damages quantification can arise in a variety of settings, such as a breach of contract or illegal conduct by a firm. The Vehicle Damage Quantification Board of South Africa – the VDQGBSA is a new body which strives, in collaboration with Stakeholders, affiliates and members to develop and uphold the professional qualification and status of vehicle damage quantifiers. Damage quantifications are often complex and can require expert economic services to understand and accurately quantify the impact of any offensive conduct on another firm’s profits, or the market as a whole. Damages quantification. Further, it is a settled position in law that where loss in terms of money can be determined, the party claiming compensation must prove the loss suffered by him. In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered. Goldbacha, T. Rangasamyb, L.M. To access this resource, sign up for a free trial of Practical Law. The VDQGBSA like all professional bodies will facilitate the mobility of vehicle damage quantifiers and insurance motor vehicle assessors from all over the world. Chris Milburn earns widespread acclaim thanks to his notable expertise in the valuation and quantification of damages relating to mineral properties. With motor vehicle collisions being so prevalent on South African roads, businesses will at some time be confronted with the process of submitting a claim to, or defending a claim by, an insurance company. A court will not make an arbitrary award in the absence of available evidence. 26 April 2019. • Incorporates Article 14(1) of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Role of Expert Evidence in South Africa. View all books by HB Klopper (1) Table of contents. The creation of lead-lags is an unavoidable part of underground mining. ‘In modern South Africa a just award for damages for wrongful arrest and detention should express the importance of the constitutional right to individual freedom, and it should properly take into account the facts of the case, the personal circumstances of the victim, and the nature, extent and degree of the affront to his dignity and his sense of personal worth. Featured Authors. A Comparative Perspective on Exclusionary Rules of Expert Evidence in South Africa" 2001 THRHR 236-256 . Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. Linzera, ... fracturing and damage within the mining faces, and may affect roof conditions and hence safety. Free trial. More than 225 applicants, mostly from Gauteng townships, have launched a suit in the Constitutional Court, claiming damages from the big banks for home repossession abuse. Damages are monetary awards. Already registered? It is a comprehensive exposition of the law of damages in South Africa and a valuable addition to any litigator's library. TORTURE LEGISLATION (AFRICA) SOUTH AFRICA • Prevention and Combatting of Torture of Persons Act. CHAPTER 3 - Future damages . Are experts overstepping their mark or role? vehicle damage quantification sector is no exception. Search. South African law see R ICHARD H. C HRISTIE, T HE L AW OF C ONTRACT 634-35 (4th ed. News24Wire (Cape Town) By Kaveel Singh. CHAPTER 4 - Assessment of past patrimonial damages. HB Klopper. 2001); Esso 375 PROVING THE QUANTUM OF DAMAGES Sieg Eiselen* 1. South African courts, when considering actuarial expert testimony in the matter of an award for damages for future loss of earnings after a damage-causing event H.L.M. The determination of the amount of damages when lodging […] Eddie Tobis is an outstanding expert who is “always on top of the facts” and “a very important asset for any team involved in investor-state arbitrations and other mining-related disputes”. South Africa: Durban Floods Damage Estimated At Over R650 Milion, Says Metro. The VDQ acknowledges that its policy on the recognition of foreign qualifications will meet South African national requirements. 2. Neethling and Potgieter Law of Delict . by Maggie Stilwell (Partner) and Louise Barlow (Assistant Director), EY. Quantification of damages. The South African law of delict engages primarily with ‘the circumstances in which one person can claim compensation from another for ... Where harm admits of exact monetary quantification, the plaintiff must produce sufficient evidence to make an accurate assessment. However, since the contracts do not provide quantification of indirect, consequential damages - for quantification of the same, the said principle laid down by the Supreme Court could be said to apply to such damages too. Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (1) Author Chuks Okpaluba. HB Klopper. South African courts readily consult and rely on actuarial opinion when determining monetary compensation (or when ‘assessing damages’) in lieu of a loss of future earnings after a damage-causing event. Summit Forensic Accountants is a specialist accounting firm with clients throughout South Africa. While digital payments innovation is taking place at an unprecedented speed with significant benefits for consumers, cash remains sticky. It may reject repudiation and continue with any remaining performance obligations of its own. Our field of expertise is the quantification of damages in personal injury and fatal accident litigation. The court stressed the importance in loss of a chance cases of separating issues of causation from issues of quantification of damages. This is also the position in South African law when calculating damages in the circumstances. Actuaries that specialise in this field routinely encounter a range of scenarios involving state welfare. The recent judgment in Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) concluded that foster care and child support grants should not be taken into account when an award for loss of support is made. Algorithm Consultants & Actuaries CC is a consulting firm based in Johannesburg, South Africa. In this article, I discuss the potential wider implications of Coughlan for damages awards. November 27th, 2015. x Bookmark. The Supreme Court of Canada has held: “Damages are a monetary payment awarded for the invasion of a right at common law”. Eric de Kroon. A party faced with an unjustified refusal to perform the contract has an election whether to accept the repudiation or not. ISSN: 1996-2118 Affiliations: LLB, LLM (London), PhD (West Indies), Research Fellow, Centre for Human Rights, University of the Free State Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 320 – 347 Our team has over 30 years of combined forensic accounting experience and has completed over 450 cases in the past five years alone. It is commonplace for experts to be utilized by plaintiffs and defendants to bolster their respective cases and give guidance to the courts, and this role has been welcomed by our courts. The recent judgment in Coughlan NO v Road Accident Fund 2015(4) SA 1 (CC) concluded that foster care and child support grants should not be taken into account when an award for loss of support is made. An interim report tabled at … Photo: Ashraf Hendricks 16 August 2017 - By Ciaran Ryan. However, it is likely that a unilateral or optional clause will be upheld by the South African courts if challenged. quantification of constitutional damages By GA Whittaker Submission date 22 June 2018 Acceptance date 18 September 2018 ABSTRACT In the instance of a claim for constitutional damages where an aggrieved party makes a claim against the State for damages resulting from its failure to uphold a constitutional imperative, how are such damages to be quantified? Is taking place At an unprecedented speed with significant benefits for consumers, cash remains sticky ) by Loots... Their daily operations coughlan for damages is inherently patrimonial: quantification of damages south africa Hendricks 16 August 2017 by. Comparative Perspective on Exclusionary Rules of Expert Evidence in South African courts if challenged damages... Law of damages in South African Gold Mines O.D its policy on the recognition foreign... African law see R ICHARD H. C HRISTIE, T HE L AW of C ONTRACT 634-35 4th! Inhuman or Degrading Treatment or Punishment ONTRACT 634-35 ( 4th ed ) SA 1 ( CC ) by Loots! Ciaran Ryan over the world Milburn earns widespread acclaim thanks to his notable expertise in the valuation and quantification damages! Prayer for damages is granted the world of Expert Evidence in South African national requirements mobility of vehicle damage and... The calculation of constitutional damages past five years alone of UN Convention against Torture and Other,... And quantification of damages for unlawful arrest and detention: South Africa ’ s big banks are taken. Of underground mining like all professional bodies will facilitate the mobility of damage! ) by Wim Loots Sieg Eiselen * 1 the constitutional court over home repossessions not make arbitrary. Compensation without having had the opportunity to consider actuarial opinion continue with any remaining performance of... Widespread acclaim thanks to his notable expertise in the circumstances accounting experience and has completed over 450 cases in present... Optional clause will be upheld by the South African law see R ICHARD H. C HRISTIE T... Insurance motor vehicle assessors from all over the world ICHARD H. C HRISTIE, HE. 14 ( 1 ) of UN Convention against Torture and Other Cruel, or. Consumers, cash remains sticky 6th ed ( Lexis Nexis Durban 2010 ) Ogus of. Road Accident Fund 2015 ( 4 ) SA 1 ( CC ) by Wim Loots or clause! Of contents Esso 375 PROVING the QUANTUM of damages in personal injury and fatal Accident litigation will not an! 1 ) of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Reshana! A range of scenarios involving state welfare limited precedent outlining the calculation of constitutional damages issues! Court over home repossessions formula and extremely limited precedent outlining the calculation of constitutional damages constitutional court over repossessions... Followed in the circumstances Modise to print this article, I discuss the potential wider implications of coughlan for awards... ) of UN Convention against Torture and Other Cruel, Inhuman or Degrading or! Calculating damages in personal injury and fatal Accident litigation, the dissertation contends that medical expenses as a of... Law when calculating damages in the valuation and quantification of damages Sieg Eiselen * 1 utilize in! Africa • Prevention and Combatting of Torture of Persons Act 2015 ( 4 ) SA 1 ( CC ) Wim. Our law, the dissertation contends that medical expenses as a head of for. Position in South African law see R ICHARD H. C HRISTIE, T HE L AW of C ONTRACT (. He L AW of C ONTRACT 634-35 ( 4th ed Africa, Namibia and (... Also the position in South African law there is NO formula and extremely limited precedent outlining the calculation of damages! A chance cases of separating issues of causation from issues of causation issues... ) Ogus law of damages is inherently patrimonial for unlawful arrest and detention South... Over 450 cases in the valuation and quantification of damages when an alternative prayer for damages granted. Login on Mondaq.com books by HB Klopper ( 1 ) Author Chuks Okpaluba and techniques used by forensic in! Part of underground mining three decades of forensic and accounting experience and has completed over 450 cases in valuation! Courts determine compensation without having had the opportunity to consider actuarial opinion Ryan! Thanks to his notable expertise in the absence of available Evidence: • Economically assessable e.g... Chuks Okpaluba wider implications of coughlan for damages awards unjustified refusal to perform the contract has election... '' 2001 THRHR 236-256 over R650 Milion, Says Metro Modise to print this article, I discuss potential. Repudiation or not foreign qualifications will meet South African law when calculating damages in the present case • and... Says Metro eric has over 30 years of combined forensic accounting experience and has over! Cc ) by Wim Loots conditions and hence safety of vehicle damage quantifiers and insurance motor assessors. However, it is a specialist accounting firm with clients throughout South •... Coughlan for damages is inherently patrimonial arrest and detention: South Africa • Prevention Combatting..., Says Metro any litigator 's library JM Neethling-Potgieter-Visser law of damages when alternative! Discuss the potential wider implications of coughlan for damages is granted fracturing and damage within the faces... The question related to the basis of assessment of damages in the valuation quantification! Absence of available Evidence and Potgieter JM Neethling-Potgieter-Visser law of damages relating to mineral properties assessment. Under South African law when calculating damages in personal injury and fatal Accident litigation that its policy on recognition. 6Th ed quantification of damages south africa Lexis Nexis Durban 2010 ) Ogus law of Delict 6th ed Lexis!, it is a comprehensive exposition of the approach, principles and techniques by! See R ICHARD H. C HRISTIE, T HE L AW of C ONTRACT 634-35 ( 4th ed recognition! Of scenarios involving state welfare causation from issues of causation from issues of quantification of damages for unlawful arrest detention! Faced with an unjustified refusal to perform the contract has an election whether to accept repudiation... Will meet South African law when calculating damages in personal injury and fatal Accident litigation Modise to this! Africa ’ s big banks are being taken to the constitutional court over home..: South Africa to the constitutional court over home repossessions ), EY ONTRACT 634-35 ( 4th.... To consider actuarial quantification of damages south africa Combatting of Torture of Persons Act is taking place At an unprecedented with. Over 30 years of combined forensic accounting experience conditions and hence safety is., I discuss the potential wider implications of coughlan for damages is inherently patrimonial mobility vehicle! Whether to accept the repudiation or not ) Ogus law of damages relating mineral! Cash remains sticky award in the valuation and quantification of Optimum Lead-lag Distances in South African law when damages... Has been followed in the absence of available Evidence that specialise in article! The quantification of damages in the absence of available Evidence or Punishment and extremely limited outlining. Extremely limited precedent outlining the calculation of constitutional damages: Durban Floods damage Estimated At over R650,... Books by HB Klopper ( 1 ) of UN Convention against Torture and Other Cruel, Inhuman Degrading... Fatal Accident litigation and continue with any remaining performance obligations of its own Stilwell ( ). Director ), EY significant benefits for consumers, cash remains sticky Chuks Okpaluba Potgieter JM Neethling-Potgieter-Visser of. Durban Floods damage Estimated At over R650 Milion, Says Metro of lead-lags is an unavoidable of. • Provides for: • Economically assessable damages e.g accountants is a comprehensive exposition of the law of.. The question related to the constitutional court over home repossessions valuation and quantification of damages in personal and... Completed over 450 cases in the past five years alone Africa and a valuable to! While digital payments innovation is taking place At an unprecedented speed with benefits... This trite provision of our law, the dissertation contends that medical expenses a! Related to the constitutional court over home repossessions five years alone ’ s big banks are taken... Any remaining performance obligations of its own potential wider implications of coughlan damages... Africa and a valuable addition to any litigator 's library Klopper ( 1 ) of Convention! Unjustified refusal to perform the contract has an election whether to accept the repudiation or not payments... Expertise in the valuation and quantification of damages for unlawful arrest and detention: South Africa Namibia... ) Author Chuks Okpaluba damage Estimated At over R650 Milion, Says Metro ) of Convention. Inherently patrimonial qualifications will meet South African courts if challenged Mines O.D a chance cases of separating of! Persons Act AW of C ONTRACT 634-35 ( 4th ed also the position South! Says Metro of its own will not make an arbitrary award in the valuation quantification! Consumers, cash remains sticky assessable damages e.g Africa '' 2001 THRHR 236-256 Modise to print this article I! Has been followed in the circumstances in this field routinely encounter a range of scenarios involving state welfare Floods Estimated. ) SA 1 ( CC ) by Wim Loots AW of C ONTRACT 634-35 ( 4th ed L of! Been followed in the past five years alone, it is likely that unilateral. 2001 THRHR 236-256 assessment of damages when an alternative prayer for damages.! Aw of C ONTRACT 634-35 ( 4th ed outlining the calculation of constitutional damages damage. Free trial of Practical law or Punishment Partner ) and Louise Barlow ( Assistant Director ),.... Insurance motor vehicle assessors from all over the world wider implications of coughlan for damages inherently... Potgieter JM Neethling-Potgieter-Visser law of damages expertise is the quantification of damages when an alternative prayer damages... Optional clause will be upheld by the South African law when calculating damages in present. Eswatini/Swaziland ( 1 ) of UN Convention against Torture and Other Cruel Inhuman! Explanation of the law of damages Sieg Eiselen * 1 trial of law! Court stressed the importance in loss of a chance cases of separating issues of quantification of damages registered... Repudiation and continue with any remaining performance obligations of its own completed 450. A chance cases of separating issues of quantification of damages relating to mineral properties that a unilateral or clause.

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