First examiners: Adv M Khumalo Mrs Mahomed Second
examiner: Prof M Mokotong
This paper consists of 6 pages.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
, lOMoAR cPSD| 48047628
1. This examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL the questions.
3. The duration of the examination is (7days). Submit your answers via
mymodules platform (Assessment 5) on or before Wednesday 30 October
2024 before 23:00 (South African Standard Time).
4. This examination is not proctored (or invigilated).
5. SUBMISSION OF YOUR EXAMINATION ANSWER FILE
5.1 The cover page to your take-home exam must include your name,
student number and the module code.
5.2 The text must be typed in Arial font, size 12 with 1,5 lines spacing
within the paragraph, and double line spacing after the paragraph.
5.3 The text must be justified.
5.4 All the pages must be numbered on the right-hand corner at the bottom
of the page.
5.5 Your answer to this take-home examination must be submitted via
mymodules. The submission must be made in the form of one PDF document.
Do not submit your scanned pages one-by-one. ONLY pdf format answer file
will be accepted and marked.
5.6 The exam answer file that you submit must not be password protected
or uploaded as a “read only” file.
6 Sign and annex the Academic Declaration of Honesty to your work. It is
compulsory.
No work will be marked without this important document.
7 Your examination answer file will also not be marked if:
7.1 you submit the incorrect examination answer file.
7.2 you submit your examination answer file in the incorrect file format.
7.3 you submit your examination answer file late.
8 Annex the Scoring Rubric for question one (1). It is compulsory.
The maximum length of your answers to each question is given in brackets in yellow shaded
font.
QUESTION 1 (ESSAY)
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES
FOR PATRIMONIAL LOSS (4 pages, including rubric)
PLEASE NOTE:
, lOMoAR cPSD| 48047628
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]
QUESTION 2: QUANTUM OF DAMAGES IN SPECIFIC CASES OF BREACH OF
CONTRACT (2 pages)
Study the facts below and answer the questions that follow.
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