Bundle

LJU4802 Assignment 1 Semester 1 2023 (Distinction} Questions and Answer

What effect does the fact that a person does not have a motobike license have on any of his claims - -- no license is not, per se, a bar to any claims he might have either in terms of the RAFA or in t... erms of the common law. Liability arises in delict -Distinguish between the degrees of negligence that need to be proven in respect of a passenger claim and a drivers claim - -For a passenger to succeed with a claim against the RAF proverbial 1% negligence needs to be proven on the side of the insured driver whereas for a driver to avoid any apportionment of his claim 100% negligence needs to be proven on the side of the insured driver. In other words, an apportionment is not possible against a passenger but is possible against the driver of a vehicle depending on the degree of negligence of both drivers -List 4 non deductible collateral benefits - -1. Benefits derived from insurance and assurance policies maintained by the third party or bread winner; 2. Insurance and pension benefits payable to dependents; 3. All ex gratia payments of whatever nature; [Show More]

Last updated: 3 years ago

Bundle contains 4 items