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LPL4802
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, University Examinations
Department of Private Law
Oct/Nov Exams 2025
LPL4802
Law of Damages
Due date: 30 October 2025
Unique number: 689535
MARKS: 100
EXAMINERS:
FIRST: MRS. R MAHOMED AND ADV M KHUMALO
SECOND: PROF M MOKOTONG
EXTERNAL: ADV SM MBATHA
This examination question paper consists of nine (9) pages, including the cover
page. It counts 100 marks and comprises four (4) questions. Answer ALL the
questions.
Important instructions for the Take-Home Examination: Please read carefully:
1. Copying and pasting or the regurgitation of material from various electronic or
other sources amounts to plagiarism and will not be accepted. You run the risk
LPL 4802_OCT/NOV EXAM Page 1 of 9
, OCTOBER/NOVEMBER 2025
LAW OF DAMAGES
(LPL4802)
EXAMINATION QUESTIONS
QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(INJURY TO PERSONALITY)
Study the attached judgment, MEC for Health, Gauteng Provincial Government v AAS
obo CMMS (401/2023) [2025] ZASCA 91 (20 June 2025), and answer the questions
that follow. Your response must be written in essay format. Each substantive point you
make, when supported by relevant legal authority, will carry a value of two (2) marks.
1.1 According to the majority judgment, how should the court a quo have
approached comparable cases when assessing general damages? Discuss with
reference to the relevant authority cited in the judgment. (15 marks)
1.2How should general damages be assessed in cases involving
unconsciousness? Support your answer with the relevant authority as cited in the
prescribed textbook. (10 marks)
[25 marks]
LPL 4802_OCT/NOV EXAM Page 4 of 9
, QUESTION 2: QUANTUM OF DAMAGES AND SATISFACTION FOR NON-
PATRIMONIAL LOSS (INJURY TO PERSONALITY)
Study the majority judgment in the case mentioned in question 1 for question 2.1
2.1 Should claims for pain and suffering and for loss of amenities of life always be
combined in their quantification? In your answer, first explain the distinction
between these two heads of damages and then discuss the importance of handling
them as separate heads. (12 marks)
2.2 Study the facts below and answer the question that follows:
Factual Scenario
On 12 March 2023, along the R81 road near Louis Trichardt, a motor vehicle collision
occurred between a minibus taxi and a delivery truck. The plaintiff, Mr. Thabiso
Mokoena, a 34-year-old schoolteacher from Polokwane, was a passenger in the taxi.
He sustained multiple fractures to his leg and arm, as well as internal injuries requiring
extended hospitalisation.
The Road Accident Fund (RAF), acting on behalf of the defendant, accepted liability
for the accident. After negotiations, Mr. Mokoena’s legal representatives secured an
award of special damages amounting to R3.8 million, covering past and future medical
expenses, loss of earnings, and related financial losses.
Subsequent to the award, Mr. Mokoena’s lawyers have now lodged a claim for general
damages, contending that he has suffered severe pain, loss of amenities of life, and
emotional distress. The claim for general damages amounts to R2.5 million.
The defendant, represented by counsel, disputes the quantum sought, contending that
special and general damages are not entirely separate silos, but must be considered
together in a holistic assessment.
Assume the role of counsel for the defendant. Prepare structured heads of argument,
supported by appropriate legal authority, to persuade the court that general damages
ought not to be assessed in isolation in this context. (13 marks)
LPL 4802_OCT/NOV EXAM Page 5 of 9
LPL4802
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, University Examinations
Department of Private Law
Oct/Nov Exams 2025
LPL4802
Law of Damages
Due date: 30 October 2025
Unique number: 689535
MARKS: 100
EXAMINERS:
FIRST: MRS. R MAHOMED AND ADV M KHUMALO
SECOND: PROF M MOKOTONG
EXTERNAL: ADV SM MBATHA
This examination question paper consists of nine (9) pages, including the cover
page. It counts 100 marks and comprises four (4) questions. Answer ALL the
questions.
Important instructions for the Take-Home Examination: Please read carefully:
1. Copying and pasting or the regurgitation of material from various electronic or
other sources amounts to plagiarism and will not be accepted. You run the risk
LPL 4802_OCT/NOV EXAM Page 1 of 9
, OCTOBER/NOVEMBER 2025
LAW OF DAMAGES
(LPL4802)
EXAMINATION QUESTIONS
QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(INJURY TO PERSONALITY)
Study the attached judgment, MEC for Health, Gauteng Provincial Government v AAS
obo CMMS (401/2023) [2025] ZASCA 91 (20 June 2025), and answer the questions
that follow. Your response must be written in essay format. Each substantive point you
make, when supported by relevant legal authority, will carry a value of two (2) marks.
1.1 According to the majority judgment, how should the court a quo have
approached comparable cases when assessing general damages? Discuss with
reference to the relevant authority cited in the judgment. (15 marks)
1.2How should general damages be assessed in cases involving
unconsciousness? Support your answer with the relevant authority as cited in the
prescribed textbook. (10 marks)
[25 marks]
LPL 4802_OCT/NOV EXAM Page 4 of 9
, QUESTION 2: QUANTUM OF DAMAGES AND SATISFACTION FOR NON-
PATRIMONIAL LOSS (INJURY TO PERSONALITY)
Study the majority judgment in the case mentioned in question 1 for question 2.1
2.1 Should claims for pain and suffering and for loss of amenities of life always be
combined in their quantification? In your answer, first explain the distinction
between these two heads of damages and then discuss the importance of handling
them as separate heads. (12 marks)
2.2 Study the facts below and answer the question that follows:
Factual Scenario
On 12 March 2023, along the R81 road near Louis Trichardt, a motor vehicle collision
occurred between a minibus taxi and a delivery truck. The plaintiff, Mr. Thabiso
Mokoena, a 34-year-old schoolteacher from Polokwane, was a passenger in the taxi.
He sustained multiple fractures to his leg and arm, as well as internal injuries requiring
extended hospitalisation.
The Road Accident Fund (RAF), acting on behalf of the defendant, accepted liability
for the accident. After negotiations, Mr. Mokoena’s legal representatives secured an
award of special damages amounting to R3.8 million, covering past and future medical
expenses, loss of earnings, and related financial losses.
Subsequent to the award, Mr. Mokoena’s lawyers have now lodged a claim for general
damages, contending that he has suffered severe pain, loss of amenities of life, and
emotional distress. The claim for general damages amounts to R2.5 million.
The defendant, represented by counsel, disputes the quantum sought, contending that
special and general damages are not entirely separate silos, but must be considered
together in a holistic assessment.
Assume the role of counsel for the defendant. Prepare structured heads of argument,
supported by appropriate legal authority, to persuade the court that general damages
ought not to be assessed in isolation in this context. (13 marks)
LPL 4802_OCT/NOV EXAM Page 5 of 9
