The VDQ acknowledges that its policy on the recognition of foreign qualifications will meet South African national requirements. CHAPTER 4 - Assessment of past patrimonial damages. The determination of the amount of damages when lodging […] The need for damages quantification can arise in a variety of settings, such as a breach of contract or illegal conduct by a firm. Chris Milburn earns widespread acclaim thanks to his notable expertise in the valuation and quantification of damages relating to mineral properties. Summit Forensic Accountants is a specialist accounting firm with clients throughout South Africa. The Supreme Court of Canada has held: “Damages are a monetary payment awarded for the invasion of a right at common law”. To access this resource, sign up for a free trial of Practical Law. Actuaries that … vehicle damage quantification sector is no exception. That course has been followed in the present case. In this article, I discuss the potential wider implications of Coughlan for 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. Free trial. Rarely do our courts determine compensation without having had the opportunity to consider actuarial opinion. 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. Quantification of Optimum Lead-lag Distances in South African Gold Mines O.D. South Africa: Durban Floods Damage Estimated At Over R650 Milion, Says Metro. Our team has over 30 years of combined forensic accounting experience and has completed over 450 cases in the past five years alone. Goldbacha, T. Rangasamyb, L.M. Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) By Wim Loots. Our field of expertise is the quantification of damages in personal injury and fatal accident litigation. 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. This note provides an explanation of the approach, principles and techniques used by forensic accountants in quantifying damages. Already registered? Damages are monetary awards. News24Wire (Cape Town) By Kaveel Singh. View all books by HB Klopper (1) Table of contents. Introduction Most businesses utilize vehicles in their daily operations. by Maggie Stilwell (Partner) and Louise Barlow (Assistant Director), EY. An interim report tabled at … CHAPTER 2 - Principles. 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. The court stressed the importance in loss of a chance cases of separating issues of causation from issues of quantification of damages. Eric de Kroon. • Incorporates Article 14(1) of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Photo: Ashraf Hendricks 16 August 2017 - By Ciaran Ryan. HB Klopper. 26 April 2019. South Africa’s big banks are being taken to the Constitutional Court over home repossessions. South Africa: General Damages ....In General 02 December 2011 . ‘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. 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. The VDQGBSA like all professional bodies will facilitate the mobility of vehicle damage quantifiers and insurance motor vehicle assessors from all over the world. 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. Related Content. 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”. Considerations for the quantification of damages awards. Linzera, ... fracturing and damage within the mining faces, and may affect roof conditions and hence safety. 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. 2. It is a comprehensive exposition of the law of damages in South Africa and a valuable addition to any litigator's library. The creation of lead-lags is an unavoidable part of underground mining. 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. A party faced with an unjustified refusal to perform the contract has an election whether to accept the repudiation or not. South African law see R ICHARD H. C HRISTIE, T HE L AW OF C ONTRACT 634-35 (4th ed. TORTURE LEGISLATION (AFRICA) SOUTH AFRICA • Prevention and Combatting of Torture of Persons Act. 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. 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. 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? However, it is likely that a unilateral or optional clause will be upheld by the South African courts if challenged. Eric has over three decades of forensic and accounting experience. 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. 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. 2001); Esso 375 PROVING THE QUANTUM OF DAMAGES Sieg Eiselen* 1. A Comparative Perspective on Exclusionary Rules of Expert Evidence in South Africa" 2001 THRHR 236-256 . Damages quantification. 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 Neethling and Potgieter Law of Delict . The Role of Expert Evidence in South Africa. Neethling J and Potgieter JM Neethling-Potgieter-Visser Law of Delict 6th ed (Lexis Nexis Durban 2010) Ogus Law of Damages . by Deon Francis and Reshana Pillay Routledge Modise To print this article, all you need is to be registered or login on Mondaq.com. Free Practical Law trial. It may reject repudiation and continue with any remaining performance obligations of its own. 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. 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. Actuaries that specialise in this field routinely encounter a range of scenarios involving state welfare. 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. Featured Authors. Search. Quantification of damages. A court will not make an arbitrary award in the absence of available evidence. UGANDA • Provides for: • Economically assessable damages e.g. Algorithm Consultants & Actuaries CC is a consulting firm based in Johannesburg, South Africa. CHAPTER 1 - Introduction. November 27th, 2015. x Bookmark. FIND MORE LEGAL ARTICLES. 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. Under South African law there is no formula and extremely limited precedent outlining the calculation of constitutional damages. While digital payments innovation is taking place at an unprecedented speed with significant benefits for consumers, cash remains sticky. Are experts overstepping their mark or role? The question related to the basis of assessment of damages when an alternative prayer for damages is granted. Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (1) Author Chuks Okpaluba. CHAPTER 3 - Future damages . Ogus AI The Law of Damages (Butterworths London 1973) Paizes 1999 SALJ 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. Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. • No express compensation for dependants. HB Klopper. This is also the position in South African law when calculating damages in the circumstances. 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. By Ciaran Ryan JM Neethling-Potgieter-Visser law of damages NO formula and extremely limited outlining! 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