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1. Paixão And Another v Road Accident Fund 2012 (6) SA 377 (SCA) 2. The court of the first

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1. Paixão And Another v Road Accident Fund 2012 (6) SA 377 (SCA)

2. The court of the first instance was at the South Gauteng High Court, Johannesburg and the judge was Mathopo J.

3. Paixao and Another v Road Accident Fund [2011] ZAGPJHC 68

4. The Road Accident Fund is the South Africans state insurer, which is entailed in law regulations relating to the issue of delict in accordance with the Act for damages or loss, for people in society who are involved in motor vehicle accidents.

5. Widowed, Mrs Paixao was in a permanent heterosexual relationship with Mr Gomes. Mrs Paixão and her daughter, Michelle Orlanda Santos sued The Road Accident Fund, as they acclaimed that they had endured a loss of support and maintenance due to Mr Gomes …show more content…

However the Road Accident Fund argued this claim in 3 various ways. Firstly, the fund stated that the appellants did not institute a legally enforceable agreement that the fund is liable to compensate the unmarried partner, Mrs Paixao. Even if she did enforce a legal agreement, the agreement does not take into account the third party, such as the fund. Secondly, according to Common Law, only a dependent that allocated a legally enforceable duty to maintain and support with a respective other, may sue in such an action, otherwise the dependents claim is eligible. Thirdly, the defendants appeal was described as irregular and unusual because the dependent originates her right, not through the deceased, Mr Gomes or his estate, but from the fact that she has suffered loss of maintenance and support by the death of the deceased for which the defendant is liable for her financial situation and not the fund.

11. The Supreme Court of Appeal uses two arguments in the Paixão case to get around the decision in the Volks case. The court states that it is inapplicable for the court to extend and develop the common law to simply include unmarried heterosexual relationships. The first argument is for practical reasons as it is inadequate for the Road Accident Fund to disprove the appellant’s dependence on a life partnership to support the survival party if a death of a partner had to occur. Second, the extension of legal protection to

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