PVL2601EXAM QUESTIONSANDANSWERS ommorientes:

PVL2601EXAM QUESTIONSANDANSWERS. ommorientes: People who are killed in the same incident case example - ANSWER-• RULE: For C to inherit from B, C must survive B. • If it cannot be determined who died first in an accident: > No presumption in SA law about order of death (there used to be rules in common law): court will find that they died simultaneouslv. > They cannot inherit from each other if they did not survive each other. • Ep Graham 1963 (4) SA 145 (D) WARNER J: ... It seems to me that the approach adopted in Negen v van Dyk is the proper one. There the Court examined the facts to see if there was any evidence to support a conclusion that the deaths were not simultaneous. In the present case, we are concerned with the crash of an aircraft and the evidence is that the aircraft crashed in a swamp and was extensively damaged with debris being strewn around over a large area.