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LPL4802 ASSIGNMENT 1 ESSAY MEMO - SEMESTER 1 - 2025 UNISA – DUE DATE: - 28 MARCH 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!)

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LPL4802 ASSIGNMENT 1 ESSAY MEMO - SEMESTER 1 - 2025 UNISA – DUE DATE: - 28 MARCH 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!) QUESTION 1: Subjective and objective approaches to patrimonial loss (Chapter 3, Lesson 2) Damages are assessed from either an objective or subjective approach. The subjective approach investigates the personal circumstances of the plaintiff after the damage-causing event, whereas the objective approach looks at what could reasonably be expected to be the consequence of a specific damage- causing event. Generally, our law adopts an objective approach with subjective qualifications in exceptional circumstances only. There is however some support in our case law for the acceptance of a subjective concept of damage. You will need to read the following case and critically discuss the approach the court took with regard to the subjective concept of damage: Rudman v Road Accident Fund 2003 (2) SA 234 (SCA) You should read the relevant chapter of your prescribed textbook and the corresponding Lesson prior to attempting this question. A maximum of 2 marks will be allocated to stating the facts of the case. At this stage of your studies, the focus is more on the critical discussion of the concepts applied by the court and the reasoning thereof. You must conclude your essay by indicating whether you agree with the judgment or not and give a reason for your answer.

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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).

Connected book
 image
P. J. Visser, J. M. Potgieter Law of Damages
Publisher: 1993 ISBN: 9780702128035 Edition: Unknown

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