Sam was involved in a car accident two years ago. You represented the defendant in that matter, Mark. The case was settled last week. According to the court order, Mark must pay damages for the delict in the amount of R50-000.00 (fifty-thousand-Rand). Today, you received correspondence from Sam's attorneys they will relitigate on the same cause of action to claim prospective loss.

Can Sam's attorneys claim the prospective loss? (5)