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
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LPL4802
Law of Damages
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -
Due date: - 27 October 2023
Includes Footnotes and/or Bibliography
QUESTIONS – SEE PAGE 1
INCLUDES FOOTNOTES & BIBLIOGRAPHY
DETAILED ANSWERS
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NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY)
(a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June
2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as
amended and answer the question below:
Write a critical appreciation/analysis of the court’s reasoning to disqualify the
forklift as a motor vehicle for the purposes of claiming damages from the Road
Accident Fund. Refer to the relevant case law and applicable legislation quoted and
relied on, in this case. [15]
(b) Study Motladile v Minister of Police (414/2022) [2023] ZASCA 94 (12 June 2023)
case, herein attached and answer the question below:
Evaluate the court’s dismissal of a ‘one size fits all’ approach to quantifying
damages/compensation for wrongful arrest and detention. Use case law to support
your answer. [10]
[25 marks]
QUESTION 2
PATRIMONIAL LOSS: BODILY INJURY, DEATH ETC.
Read the set of facts below and answer the questions that follow.
While driving her BMW X5 2020 model, with registration number AD 54 XX GP, along
R556 in Johannesburg, Ms Enne Martins was crashed into by a gas tanker truck
belonging to EC Fuels (Pty) Ltd. The driver of the truck was in the wrong and EC
Fuels (Pty) Ltd accepted liability. The BMW vehicle was damaged beyond repair.
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