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Prescription - Prescription Act 1975 - calculation of periods of prescription - when prescription period begins to run - delict - claims for damages for negligence - debt not due until quantified and demand made.
In terms of s 15(1) of the Prescription Act No. 31 of 1975, prescription begins to run as soon as a debt is due. Section 28 of the Interpretation Act [Chapter 1] applies to the calculation of periods of prescription in terms of the Prescription Act. Where a "debt" becomes due on a particular day, that day, is excluded from the reckoning, but the last day of the prescription period is included.
Debts often become due at the same time as they arise, but this is not necessarily so; in the case of a claim for damages for injuries caused by the defendant's negligence, the debt would not become due until it had been quantified and demand made of the defendant.
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