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January/February 2022 SUPPLEMENTARY/AEGROTAT/FI CONCESSION EXAMINATIONS LPL4802 Law of Damages 100 Marks Submission date: Friday, 4 February 2022$11.64
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PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
1. This examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL the questions.
3. The duration of the examination is (7days). Submit your answers via myUnisa
platform on or before Friday 4 February 2022 before 23:59 (South African Standard
Time). (It is the same portal you used to submit your exam last year 2021).
4. This is an open-book examination. You may consult your prescribed study material
during the examination. PLEASE DO NOT CUT AND PASTE ANSWERS FROM
THE LESSONS AND TEXTBOOK (OR ANY OTHER SOURCE).
5. This examination is not proctored (or invigilated).
6. SUBMISSION OF YOUR EXAMINATION ANSWER FILE
6.1 The cover page to your take-home exam must include your name, student number
and the module code.
6.2 The text must be typed in Arial font, size 12 with 1,5 line spacing within the
paragraph, and double line spacing after the paragraph.
6.3 The text must be justified.
6.4 All the pages must be numbered on the right-hand corner at the bottom of
the page.
6.5 Your answer to this take-home examination must be submitted via myUnisa .
The submission must be made in the form of one PDF document. Do not submit
This study source was downloaded by 100000832361371 from CourseHero.com on 04 -14-2022 22:10:59 GMT -05:00
, your scanned pages one-by-one. ONLY pdf format answer file will be accepted
and marked.
6.6 The exam answer file that you submit must not be password protected or
uploaded as a “read only” file.
7 Sign and annex the Academic Declaration of Honesty to your work. It is compulsory.
No work will be marked without this important document.
8 Your examination answer file will also not be marked if:
8.1 you submit the incorrect examination answer file.
8.2 you submit your examination answer file in the incorrect file format.
8.3 you submit your examination answer file late.
9 Annex the Scoring Rubric for question one (1). It is compulsory.
The maximum length of your answers to each question is given in brackets in yellow
shaded font.
QUESTION 1 (ESSAY)
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES
FOR PATRIMONIAL LOSS (CHAPTERS 5 AND 8 OF PB) (4 pages, including rubric)
PLEASE NOTE:
You must present your answer in the form of an essay. Its marking rubric is
attached with this examination.
Study the case Komape and others v Minister of Basic Education and Others 2020 (2)
SA 347 (SCA) and answer the questions below. NB The question below must be
answered in the form of an essay. Attach the rubric, sent to you together with
this exam, at the end of your essay.
1.1 Discuss what the plaintiff must prove in order to succeed in a claim for shock
(psychiatric injury) as a head of damage for non-patrimonial loss. Refer to
relevant authority in your answer. (15)
1.2 Critically analyse the reasons (advanced by the court) why Constitutional
damages, claimed in addition to common law damages, must at present
necessarily fail. (10)
TOTAL MARKS FOR THIS QUESTION: (25)
2
This study source was downloaded by 100000832361371 from CourseHero.com on 04 -14-2022 22:10:59 GMT -05:00
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