This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court in Western Cape dealt with a special plea of prescription raised by the Road Accident Fund. The court said the plaintiff's claim was based on an alleged breach of contract, alternatively a breach of a duty of care, rather than a claim under the Road Accident Fund Act, and dismissed the special plea with costs on scale C.
This may be relevant to prescription issues and claims framed as breach of contract or duty of care arising from RAF-related dealings.
Evidence from source
Special plea of prescription –– Breach of contract, alternatively breach of duty of care– Prescription in terms of the Road Accident Fund Act versus the Prescription Act
Supports: Summary of the legal issue
Therefore, prescription of the plaintiff’s claim against the defendant is not regulated by the provisions of the Act, but by the provisions of the Prescription Act.
Supports: Claim framed under Prescription Act rather than RAF Act
In terms of the Act, the plaintiff had to issue and serve summons on the defendant before 19 February 2022 to avoid prescription of the claim in terms of the Act.
Supports: Explicit deadline stated in the text