,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
, To approach this essay, we’ll analyze two distinct
aspects based on the Komape case:
1. Non-patrimonial Loss: What the plaintiff needs
to establish in claiming shock (psychiatric
injury) as non-patrimonial damages.
2. Constitutional Damages: Why claims for
constitutional damages, alongside common law
damages, are unsuccessful in the present legal
framework.
Here’s an outline to help structure the essay
effectively:
Introduction
Introduce the context of the Komape case, touching
on the facts and importance of non-patrimonial and
constitutional damages within this case. Briefly set
up how the case addresses non-patrimonial damages
related to psychiatric injury claims and constitutional
damages, especially in human rights and educational
contexts.
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
, To approach this essay, we’ll analyze two distinct
aspects based on the Komape case:
1. Non-patrimonial Loss: What the plaintiff needs
to establish in claiming shock (psychiatric
injury) as non-patrimonial damages.
2. Constitutional Damages: Why claims for
constitutional damages, alongside common law
damages, are unsuccessful in the present legal
framework.
Here’s an outline to help structure the essay
effectively:
Introduction
Introduce the context of the Komape case, touching
on the facts and importance of non-patrimonial and
constitutional damages within this case. Briefly set
up how the case addresses non-patrimonial damages
related to psychiatric injury claims and constitutional
damages, especially in human rights and educational
contexts.
