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, The case of Rudman v Road Accident Fund1 is significant in understanding the
subjective and objective approaches to assessing patrimonial loss, particularly the
damages suffered due to a personal injury caused by a motor vehicle accident. Below
is a critical analysis based on the subjective and objective concepts applied by the
court in this case, as well as an evaluation of the judgment, with reference to Visser
and Potgieter's Law of Damages.2
ANSWER CONTINUES…
Case Facts (2 marks):
In the Rudman v Road Accident Fund case, the appellant, Rudman, was involved in a
motor vehicle accident, sustaining injuries that led to a loss of earning capacity. The
plaintiff claimed compensation from the Road Accident Fund (RAF), arguing that the
loss of earnings had a significant personal impact.
1
Rudman v Road Accident Fund 2003 (2) SA 234 (SCA).
2
Visser & Potgieter "Law of Damages" 3rd ed. (juta 2012).