100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024; 100% TRUSTED Complete, trusted solutions and explanations. $2.57
Add to cart
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.
31 views 1 purchase
Course
Law of Damages
Institution
University Of South Africa
Book
Law of Damages
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.
LPL4802 OCTOBER NOVEMBER PORTFOLIO 2024 / Semester 2 2024 - DUE 30 October 2024
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024; 100% TRUSTED Complete, trusted solutions and explanations
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024
All for this textbook (66)
Written for
University of South Africa
Law of Damages
All documents for this subject (23)
Seller
Follow
Academy360
Reviews received
Content preview
,LPL4802 OCTOBER NOVEMBER PORTFOLIO
(COMPLETE ANSWERS) Semester 2 2024 - DUE 30
October 2024; 100% TRUSTED Complete, trusted solutions
and explanations.
QUESTION 1 (ESSAY) NATURE AND ASSESSMENT OF
NON-PATRIMONIAL LOSS AND DAMAGES FOR
PATRIMONIAL LOSS (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 paper. Study
the case Komape and others v Minister of Basic Education and
Others 2020 (2) SA 347 (SCA) a copy of it is attached here and
answer the questions below. N.B.: The question below must be
answered in the form of an essay. At the end of your essay,
attach the rubric that was supplied to you along with your exam
answer script. 1.1 Discuss what the plaintiff needs to prove to be
successful 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] 3
The Nature and Assessment of Non-Patrimonial Loss and
Damages for Patrimonial Loss: An Analysis of Komape and
Others v Minister of Basic Education and Others
In South African law, the distinction between patrimonial and
non-patrimonial loss is crucial for the assessment of damages in
, tort claims. Patrimonial loss refers to financial losses, such as
loss of earnings or medical expenses, while non-patrimonial loss
encompasses non-economic damages like pain and suffering,
emotional distress, and loss of enjoyment of life. This essay
examines the plaintiff's burden of proof for non-patrimonial loss,
particularly in cases of shock or psychiatric injury, through the
lens of the Komape case, and critically analyzes the court's
rationale for dismissing claims for constitutional damages
alongside common law damages.
1.1 Proving Psychiatric Injury as a Head of Damage for
Non-Patrimonial Loss
In the context of non-patrimonial loss, plaintiffs seeking
damages for psychiatric injuries must establish several key
elements to support their claims. Firstly, they must demonstrate
that a legally recognized psychiatric injury has occurred. In the
Komape case, the court highlighted the necessity for expert
testimony to substantiate claims of psychiatric injury,
particularly when the injury arises from shocking or distressing
events. This aligns with the principles established in Mogale v
Minister of Safety and Security 2008 (1) SA 59 (SCA), where
the court acknowledged that psychiatric injuries are often subtle
and may not be readily apparent.
The second requirement is that the plaintiff must prove a causal
link between the wrongful act of the defendant and the
psychiatric injury suffered. The plaintiff must show that the
psychiatric injury was a direct consequence of the defendant’s
negligent conduct or wrongful act. This is crucial, as
establishing this connection often involves navigating complex
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Academy360. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.57. You're not tied to anything after your purchase.
