Summary Particulars of Claim - Delictual Damages (Motor Vehicle Collision)
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In these notes, we will be drafting particulars of claim wherein we will be claiming damages arising from a delict (AKA delictual damages).
Claims for delictual damages can be extremely broad, whereas in these notes, we will only be looking at one example (motor vehicle accidents/collisions). M...
PARTICULARS OF CLAIM – DELICTUAL DAMAGES
(MOTOR VEHICLE COLISSION)
Take note that nothing in this booklet constitutes legal advice or advice of any kind.
Readers must consult official and alternative sources before making any decisions based
on the information provided herein. Templates and examples provided by us are merely a
guideline and nothing more. We will not accept any liability whatsoever.
Take note further that this booklet is intended for personal use only and that the
unauthorized sharing hereof is prohibited.
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1. Introduction
In a previous booklet, we drafted particulars of claim wherein contractual
damages were claimed. As you now know, contractual damages arise from a
breach of contract.
In these notes, we will be drafting particulars of claim wherein we will be claiming
damages arising from a delict (AKA delictual damages).
Claims for delictual damages can be extremely broad, whereas in these notes,
we will only be looking at one example (motor vehicle accidents/collisions). Most
delictual claims will however follow a similar structure, so these notes can be
applied to numerous scenarios.
We will also only be drafting the particulars of claim and not the summons
component of the combined summons. We have drafted the summons
component on numerous occasions already.
Before we start, remember that the elements which must be present to
successfully claim damages as a result of a delict are:
• The defendant must have committed an act or actionable omission;
• that is wrongful;
• that caused;
• harm, in the form of damage or loss, to the plaintiff;
• because of the fault (intentionally or negligently) of the defendant.
For more information on the theoretical aspects of delictual damages, check out
our notes on Damages.
2. Brief summary of facts giving rise to the plaintiff’s claim
As already mentioned, our example today will be a delictual claim arising from a
motor vehicle collision.
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