The dependants' action Flashcards
What is the dependants’ action and how can one claim it?
Someone may claim damages for a loss of income resulting from 1) the death of the breadwinner by virtue of the defendant’s delict, so long as 2) the law recognises the plaintiff as a person whom the deceased had a legal duty to support. Once this has been established, it 3) must be proven that the plaintiff was in fact in need of the support and that the deceased was in a position to provide it.
Provide a case summary of Brooks v Minister of Safety and Security
This was an appeal on the facts of S v Duivenboden. The son of the accused in that case is claiming damages from the State for failing to deprive Brooks of his firearms, resulting in the factual circumstances that led to his arrest and consequent inability to support his son.
Was the State delictually liable for the loss of support?
Should the dependant’s action in the case of death be extended to include dependant’s whose breadwinner has been imprisoned? No. It was not wrongful to arrest the plaintiff’s father. It was simply the law taking its course. Either way, if a right of action subsists in the breadwinner, then a right cannot subsist in their dependants. The appeal is dismissed.
What was held in Maimela v Makhado concerning the dependants’ action?
Should a person who kills another out of necessity still be liable to the deceased’s descendants under the dependants’ action? No. The defence of necessity justifies conduct that would otherwise be wrongful, thus taking it outside of the class of conduct that is susceptible to an action for damages.
