Loss of a Breadwinner

Why is a claim for loss of a breadwinner considered an anomaly in delict?

• It is based on strict liability.

• The harm is not suffered directly by the plaintiff.

• It only applies in criminal law.

• It always includes emotional loss.

In Evins v Shield Insurance Co Ltd, the court held that:

• The claim comes through the deceased’s estate.

• Only spouses may claim for loss of support.

• Emotional harm is the basis of the claim.

• The dependant sues in their own name based on a personal right to support.

A right to support may arise from:

• Friendship

• A valid court order

• Gratitude

• Community membership

Which of the following statements is true about claims for loss of support?

• Sentimental losses can be claimed.

• A claim must always come from the deceased’s estate.

• Only financial (patrimonial) loss can be claimed.

• Damages include pain and suffering.

In De Vaal v Messing, the court held that:

• The wife could sue for loss of support due to her husband's injury.

• The child could claim for emotional shock.

• The injured breadwinner must sue for lost income, not the dependants.

• There was no duty of care at all.

Which case clarified that a divorced spouse with a maintenance order can be a dependant?

• Santam Bpk v Henery

• Brooks v Minister of Safety & Security

• Evins v Shield Insurance

• Plotkin v Western Assurance

Section 2(1)(b) of the Apportionment of Damages Act states that:

• A dependant can never claim if the breadwinner was partly at fault.

• Only the breadwinner may sue.

• Emotional loss is always recoverable.

• Breadwinner and third party may be regarded as joint wrongdoers.

A legally recognised duty of support cannot arise from:

• A casual relationship without any legal recognition.

• A customary union.

• A statutory maintenance order.

• A valid marriage.