RAF - INTRODUCTION Flashcards

SELF STUDY

1
Q

When did the Road Accident Fund Amendment Act No. 19 of 2005 become operative?
a) 1 May 1997
b) 1 August 2008
c) 1 July 2007
d) 1 January 2010

A

b) 1 August 2008

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2
Q

True/False: The Road Accident Fund (RAF) Act guarantees unlimited compensation for all motor vehicle accident victims.

A

False

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3
Q

What is the primary objective of the RAF Act amendments introduced in 2008?

A

To limit the liability of the RAF and ensure the financial survival of the statutory compensation system.

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4
Q

What type of law is the RAF Act an example of?
a) Constitutional law
b) Criminal law
c) Socio-economic legislation
d) Administrative law

A

c) Socio-economic legislation

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5
Q

True/False: Under the current RAF legislation, victims can claim directly from the driver at fault for damages exceeding RAF limits.

A

False

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6
Q

Name one similarity between voluntary motor vehicle insurance and the RAF system.

A

Both involve payment of premiums (fuel levy in the RAF case).

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7
Q

Which year marked the beginning of compulsory motor vehicle insurance in South Africa?
a) 1942
b) 1946
c) 1972
d) 1989

A

b) 1946

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8
Q

True/False: The RAF Act abolished the common law right to sue for emotional shock injuries.

A

False

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9
Q

What key skill should an attorney demonstrate when handling MVA claims?

A

Compassion and care for the client through efficient communication.

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10
Q

What legal principle forms the basis of all RAF claims?
a) The law of contract
b) The law of delict
c) Constitutional law
d) Family law

A

b) The law of delict

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11
Q

True/False: Attorneys handling RAF claims must consider criminal law aspects like reckless and negligent driving.

A

True

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12
Q

What does Section 21 of the current RAF legislation address?

A

Abolition of certain common law claims.

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13
Q

Which court case declared certain limitations under the preceding RAF legislation unconstitutional?
a) RAF v Smith
b) Da Silva v RAF
c) Mvumvu v RAF
d) Sweatman v RAF

A

c) Mvumvu v RAF

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14
Q

True/False: RAF claims require attorneys to understand both Magistrates’ and High Court procedures.

A

True

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15
Q

List one hidden cost of litigation that attorneys should explain to clients upfront.

A

Adverse cost orders or delays in litigation.

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