LPL4802 Semester 01 Assignment 01
QUESTION 1: GENERAL CONCEPTS AND PRINCIPLES OF LAW OF DAMAGES
1.1 Study the set of facts below and answer the questions set on it.
Zacks, a forty-year old male, who is employed at Africa Academic Hospital, was
involved in a motor vehicle accident, while on official duty. The delivery van he
was driving collided with an NP 200 Nissan bakkie carrying cement bags. The
accident happened along a public road, between two major cities in South
Africa. Zacks sustained some serious bodily injuries which took him three
months to heal. Zacks’ employer accepted responsibility, but succeeded in
claiming 50% contributory negligence on the part of its employee, in that he was
driving above the required speed limit at the time the accident happened.
a) In his capacity as an employee, who are the two defendants that Zacks may
claim compensation from and or institute claims of action against, in terms of
relevant statutes? Further provide such statutes on which Zacks can rely to
make such claims. (4)
• Compensation Commissioner or Director General, but not the employer. The
Compensation fund formed in terms of COIDA is a form of insurance in that it
assumes the responsibility of the employer in the event that an employee
suffers an occupational injury or contracts a disease at work.
• COIDA, Compensation of Injuries and Diseases Act 130 of 1993, as Amended
in 1997.
• Road Accident Fund – in terms of the Road Accident Fund Act 56 of 1996.
b) In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has
against the third party. (4)
QUESTION 1: GENERAL CONCEPTS AND PRINCIPLES OF LAW OF DAMAGES
1.1 Study the set of facts below and answer the questions set on it.
Zacks, a forty-year old male, who is employed at Africa Academic Hospital, was
involved in a motor vehicle accident, while on official duty. The delivery van he
was driving collided with an NP 200 Nissan bakkie carrying cement bags. The
accident happened along a public road, between two major cities in South
Africa. Zacks sustained some serious bodily injuries which took him three
months to heal. Zacks’ employer accepted responsibility, but succeeded in
claiming 50% contributory negligence on the part of its employee, in that he was
driving above the required speed limit at the time the accident happened.
a) In his capacity as an employee, who are the two defendants that Zacks may
claim compensation from and or institute claims of action against, in terms of
relevant statutes? Further provide such statutes on which Zacks can rely to
make such claims. (4)
• Compensation Commissioner or Director General, but not the employer. The
Compensation fund formed in terms of COIDA is a form of insurance in that it
assumes the responsibility of the employer in the event that an employee
suffers an occupational injury or contracts a disease at work.
• COIDA, Compensation of Injuries and Diseases Act 130 of 1993, as Amended
in 1997.
• Road Accident Fund – in terms of the Road Accident Fund Act 56 of 1996.
b) In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has
against the third party. (4)
