Exam (elaborations)
LPL4802 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 October 2024
- Course
- LPL4802
- Institution
- University Of South Africa
TRUSTED WORK, EXPLANATION AND SOLUTION
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LPL4802 OCTOBERNOVEMBER
PORTFOLIO
(COMPLETE
ANSWERS) Semester 2
2024 - DUE 30 October
2024
Cheruiyotkelvin330@gmail.com
, 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
Essay: Nature and Assessment of Non-Patrimonial Loss and Damages for
Patrimonial Loss in Komape v Minister of Basic Education
Introduction
The South African legal system categorizes losses into patrimonial (economic) and non-
patrimonial (non-economic) losses. Patrimonial loss involves tangible financial harm, while non-
patrimonial loss encompasses more subjective, intangible harm, such as psychological distress or
pain and suffering. The case of Komape v Minister of Basic Education (2020) illustrates how
South African courts address non-patrimonial loss claims, particularly in relation to shock or
psychiatric injury, and sheds light on the limitations surrounding claims for constitutional
damages alongside common law remedies.
1.1 Claiming Shock (Psychiatric Injury) for Non-Patrimonial Loss
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