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LPL4802 PORTFOLIO
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LPL4802 OCTOBERNOVEMBER PORTFOLIO
(COMPLETE ANSWERS)
SEMESTER 2 2024 - DUE
30 OCTOBER 2
, LPL4802 OCTOBER NOVEMBER
PORTFOLIO (COMPLETE ANSWERS)
Semester 2 2024 - DUE 30 October 2024
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
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
Introduction
In the realm of delictual claims, the distinction between patrimonial and non-patrimonial loss
is pivotal. While patrimonial loss pertains to quantifiable financial damage, non-patrimonial
loss, particularly in the context of shock or psychiatric injury, addresses the emotional and
psychological toll on an individual. The case of Komape and Others v Minister of Basic
Education and Others (2020) provides significant insights into the assessment of non-
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