SJD1501
ASSIGNMENT 5 SEMESTER 1 2025
UNIQUE NO. 593452
DUE DATE: 5 MAY 2025
, SJD1501
Assignment 5 Semester 1 2025
Unique No. 593452
Due Date: 5 May 2025
Social Dimensions of Justice
Question 1
In South African law, if a child's father passes away before the child is born because of
someone else's wrongful act (delict), that child has the right to claim compensation for
the loss of financial support from the person responsible for the father’s death.
(a) What case established this rule?
This rule was laid down in the case of Pinchin and Another NO v Santam Insurance
Co Ltd 1963 (2) SA 254 (W). The court ruled that an unborn child (a foetus) is
considered a legal subject once born alive, which means they can claim for damages
that happened before their birth if it affects them after birth.
(b) How are the damages calculated?
The amount of damages the child can claim is based on the financial support the father
would have provided if he had been alive. This is determined by looking at:
The income of the father at the time of his death.
His expected future earnings and how long he would have continued working.
How much of that income he would have contributed to raising the child.
Other factors, like inflation and life expectancy, are also considered.
The court will usually rely on expert opinions, such as economists or actuaries, to
estimate a fair amount that the child should receive as compensation.
ASSIGNMENT 5 SEMESTER 1 2025
UNIQUE NO. 593452
DUE DATE: 5 MAY 2025
, SJD1501
Assignment 5 Semester 1 2025
Unique No. 593452
Due Date: 5 May 2025
Social Dimensions of Justice
Question 1
In South African law, if a child's father passes away before the child is born because of
someone else's wrongful act (delict), that child has the right to claim compensation for
the loss of financial support from the person responsible for the father’s death.
(a) What case established this rule?
This rule was laid down in the case of Pinchin and Another NO v Santam Insurance
Co Ltd 1963 (2) SA 254 (W). The court ruled that an unborn child (a foetus) is
considered a legal subject once born alive, which means they can claim for damages
that happened before their birth if it affects them after birth.
(b) How are the damages calculated?
The amount of damages the child can claim is based on the financial support the father
would have provided if he had been alive. This is determined by looking at:
The income of the father at the time of his death.
His expected future earnings and how long he would have continued working.
How much of that income he would have contributed to raising the child.
Other factors, like inflation and life expectancy, are also considered.
The court will usually rely on expert opinions, such as economists or actuaries, to
estimate a fair amount that the child should receive as compensation.
