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.$2.50
Add to cart
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.
32 views 1 purchase
Course
LPL4802
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
LPL4802
All documents for this subject (95)
Seller
Follow
Seller28
Reviews received
Content preview
,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
, Introduction
Begin by introducing the Komape case and its
significance. Briefly outline what non-patrimonial
and patrimonial losses entail in the context of South
African law. Explain that the focus of the essay is on
the two questions regarding shock (psychiatric
injury) and Constitutional damages.
1.1 Non-Patrimonial Loss – Proving Shock
(Psychiatric Injury)
Definition of Non-Patrimonial Loss
Non-patrimonial loss refers to damages that are non-
financial, such as pain and suffering, emotional
distress, or psychiatric injury. Discuss the
importance of such claims in law, focusing on
psychiatric injury (shock).
Legal Requirements for Proving Psychiatric
Injury
For a plaintiff to succeed in a claim for shock or
psychiatric injury, certain legal elements must be
proven. These elements often include:
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 Seller28. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
