Dr X entered into an agreement with Mr and Mrs Z to sterilize Mrs z while performing a Caesarean section on her because they could not afford another child. During the operation Dr X forgot about it and the sterilisation was not performed. Mrs Z fell pregnant unexpectedly and subsequently gave birth to a health child. it is common cause that Mr and Mrs Z will be able to proof negligence on the part of Dr X . Mr and Mrs Z will be to successfully institute the following claims separately, or in the alternative:

1. Delictual claim for patrimonial loss and non-patrimonial loss,
2. Delictual claim for patrimonial loss and non-patrimonial loss, and contractual claim for patrimonial loss
3. Contractual claim for patrimonial loss and non-patrimonial
4. Delictual claim for patrimonial loss and contractual claim for non-patrimonial loss and non-patrimonial loss