,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
Below is an essay addressing the nature and assessment of non-
patrimonial loss and damages for patrimonial loss, with a focus
on the case Komape and Others v Minister of Basic Education
and Others (2020). The essay discusses the requirements for
, proving shock (psychiatric injury) in a claim for non-patrimonial
loss and critically analyzes the reasons why claims for
constitutional damages must fail.
Nature and Assessment of Non-Patrimonial Loss and
Damages for Patrimonial Loss
Introduction
In the context of delictual liability, the differentiation between
non-patrimonial and patrimonial loss is crucial. Non-patrimonial
loss refers to damages that cannot be quantified in monetary
terms, often encompassing emotional distress, loss of dignity,
and psychological trauma. On the other hand, patrimonial loss
pertains to financial losses that can be calculated, such as
medical expenses or loss of income. This essay discusses the
requirements that a plaintiff must meet to succeed in a claim for
psychiatric injury as a head of non-patrimonial loss, referencing
relevant authority. Additionally, it critically analyzes the reasons
articulated by the court in Komape and Others v Minister of
Basic Education and Others (2020) regarding the failure of
constitutional damages claims.
1.1 Proving Shock (Psychiatric Injury) as Non-Patrimonial
Loss
To succeed in a claim for shock, or psychiatric injury, as a head
of non-patrimonial loss, the plaintiff must establish several
essential elements. These requirements have evolved through
case law, particularly in the South African legal context.
