Exam (elaborations)
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024
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- LPL4802
- Institution
- University Of South Africa
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LPL4802 OCTOBER NOVEMBERPORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 30
October 2024
, 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
This question requires an essay on non-patrimonial and patrimonial losses with specific
reference to the Komape v Minister of Basic Education case, a landmark South African case
concerning non-patrimonial claims for emotional and psychological harm and the limitations
on constitutional damages in addition to common law damages. Here’s a structured approach
for your essay:
Essay Structure
1. Introduction
o Define non-patrimonial and patrimonial loss and briefly introduce their
significance in the South African legal context.
o Mention the Komape case, highlighting its importance in setting precedents
for claims involving non-patrimonial loss due to psychiatric harm.
2. Part 1: Proving Shock (Psychiatric Injury) for Non-Patrimonial Loss (15 Marks)
o Non-Patrimonial Loss: Describe non-patrimonial loss as harm that affects a
person’s psychological, emotional, or physical well-being but does not have
direct monetary value.
o Requirements for Proving Psychiatric Injury:
Wrongfulness: Discuss the requirement to prove that the defendant’s
conduct was wrongful in that it infringed upon the plaintiff’s mental
well-being.
Causation: Explain that there must be a direct link between the
defendant’s actions and the psychiatric harm claimed.
Foreseeability and Reasonableness: Illustrate the need to prove that
the psychiatric injury was a foreseeable consequence of the
defendant’s actions.
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