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Persons Test # 1 Cases (4) Wrongful Birth and Life Actions (Administrator,…
Persons Test # 1 Cases
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3) Prenatal Injuries
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RAF v Mtati :star:
Plaintiff's pregnant wife was injured by a negligent driver, daughter born with brain damage. Court affirmed that a child would have delictual action in this case, but queried what form this would take. Prof Joubert's 'ordinary principles of delict' suggest that the cause of action arises when the harm is suffered (ie when child is born) therefore don't need to apply nasciturus fiction rule. Court agreed because the nasciturus fiction can't provide remedies in cases where own mother causes damage (I think this is because of a procedural thing, need to apply).
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