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Minister of Police v Skosana
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Minister of Police v Skosana : ウィキペディア英語版
Minister of Police v Skosana

''Minister of Police v Skosana''〔1977 (1) SA 31 (A).〕 is an important case in South African law. It was heard in the Appellate Division on 19 March 1976, with judgment handed down on 27 September. The judges were Wessels JA, Jansen JA, Corbett JA, Kotzé JA and Viljoen AJA.
The case is especially important in the law of delict, dealing with the problems relating to causation and the ''conditio sine qua non'' or "but-for" test. Where there was a negligent delay in furnishing medical aid and treatment to the deceased, whose widow established, on a balance of probabilities, that he would not have died "but for" such delay, the court held that she was entitled to damages.
== Facts ==
In the Transvaal Provincial Division, Skosana had successfully claimed damages on behalf of herself and her minor children resulting from the death of her husband, "T," in the following circumstances. T, whilst heavily under the influence of intoxicating liquor, had driven his motor car off the road and landed in a ditch, as a result whereof he, together with Skosana and two other passengers, had been injured. The passengers had been removed in an ambulance, but "T" had been removed in a police van to the charge office and from there to the consulting rooms of the district surgeon, who had performed a clinical examination and taken a blood sample. At that stage, "T" had only complained of a pain in the chest. Although he had been examined thoroughly, no sign of internal injury could be detected.
When the cells were opened next morning, at 7.45 am, he complained of quite a severe pain over the abdomen and requested to be taken to a doctor. At 9.45 am, he walked with the constable to the district surgeon's consulting rooms where he was immediately examined. The district surgeon wrote a note for the hospital and instructed the constable to arrange for his being taken there. There was a further delay of two hours before the ambulance arrived.
At the hospital, "T" was found to be in a very serious condition. An attempt was made to resuscitate him for operation, but his condition remained poor. When it was found impossible to resuscitate him further, a laparotomy was performed. The viscus was found to be ruptured with severe generalised peritonitis. The ruptured small bowel was sutured and a drain inserted. Although he had only been lightly anaesthetized, he failed to "wake up" and died shortly after leaving the
theatre.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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