The good, the bad and the ugly : Contingency deductions for remarriage in the light of Ongevallekommissaris v Santam

Abstract

Where a claim for loss of support is instituted against a wrongdoer as a result of the wrongful death of a spouse who had a duty to support the surviving spouse, contingency deductions for the remarriage of the surviving spouse are made. This article examines such contingency deductions in the light of the recent case, Ongevallekommissaris v Santam. The nature of and reasons for contingency deductions are analysed, after which a legal comparative study of the position regarding contingency deductions under English law is undertaken. Lastly the practice of making contingency deductions is evaluated in the light of section 9 of the Constitution and forthcoming equality legislation.


(J. for Juridical Science: 2001 26 (2): 23-40)