Law:

Section:

(a) Damages--- ----'Delictual damages'---"Once and for all" rule---Scope---In relation to delictual claims, the "once and for all" rule was to the effect that a plaintiff must generally claim in one action all past and prospective damages flowing from one cause of action---Court was obliged to award these damages in a lump sum, the object of which was to prevent the repetition of lawsuits, the harassment of a defendant by a multiplicity of actions and the possibility of conflicting decisions---Said rule was buttressed by the res judicata principle, the purpose of which was to prevent a multiplicity of actions based upon a single cause of action and to ensure that there was an end to litigation. (b) Damages--- ----'Delictual damages'---"Once and for all" rule---Scope---'Lump sum award' or 'periodic payments' for future medical expenses---Claimant's child developed cerebral palsy after birth due to the negligence of the hospital staff---Relevant Council for Health Development ("Health Council") accepted that the child's condition was caused by the negligence of the hospital's staff---Health Council conceded liability for a certain sum, of which a part was in respect of future medical expenses---In an amended plea before the High Court, the Health Council indicated that it wished to satisfy the award in respect of future medical expenses by undertaking to pay service providers directly for future medical expenses as and when they might arise within 30 days of presentation of a written quotation---Question was whether the Health Council could be allowed to make 'periodic payments' for future medical expenses---[Per Froneman, J] that "once and for all" rule, which provided for a lump sum award for damages, was in line with the Constitutional value system (of South Africa)---Common law (as applicable in South Africa) did not provide for payment of damages in instalments, but periodic payment of damages could not be said to be out of sync with the high value the Constitution (of South Africa) ascribed to socio-economic rights---Defendant was allowed to produce evidence that medical services of the same or higher standard, at no or lesser cost than private medical…

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