LPL4802 Assignment 1
Semester 2 MEMO | Due 27
August 2026
QUESTIONS AND COMPLETE ANSWERS
QUESTION 1.1 (6 MARKS)
The applicant relied on the principle res inter alios acta alteri nocere non
debet during the proceedings. Using Chapter 10 of the prescribed textbook,
determine whether this principle is correctly regarded as a binding rule of law or
merely a legal maxim expressing the conclusion reached after considering the
facts of a particular case. Support your answer by referring to relevant case law
and academic opinion discussed in the prescribed textbook and explain the
significance of the principle in Ngcobo v Oelofse and Others.
Word limit: Maximum 120 words (one paragraph).
ANSWER:
The principle res inter alios acta alteri nocere non debet (a thing done between others
should not harm a third party) is correctly regarded as a legal maxim rather than a
, binding rule of law . In Ngcobo v Oelofse and Others 2024 (1) SA 233 (GJ), the court
confirmed that this principle merely expresses the conclusion reached after considering
the facts of a particular case. As a legal maxim, it provides guidance on the treatment of
collateral benefits but does not constitute an inflexible legal rule. Academic opinion in
Chapter 10 of the prescribed textbook supports this position, emphasising that the
maxim serves as a reminder that benefits received from third parties (collateral sources)
should generally not be deducted from damages awarded against a wrongdoer, but
courts retain discretion to depart from the principle where justice requires.
QUESTION 1.2 (12 MARKS)
With reference to Ngcobo v Oelofse and Others and Rule 34A of the Uniform Rules
of Court, explain the legal requirements that an applicant must satisfy before a
court may grant an interim payment. Support your discussion by referring to the
relevant paragraphs of the judgment and the authorities relied upon by the court.
Word limit: Maximum 180 words (two paragraphs).
ANSWER:
First Paragraph:
In Ngcobo v Oelofse and Others 2024 (1) SA 233 (GJ), the court held that an applicant
seeking an interim payment under Rule 34A must satisfy several cumulative
requirements. Firstly, the applicant must demonstrate that a legal duty to pay exists on
the part of the respondent, meaning that the respondent would be liable to pay
damages to the applicant in a final judgment. Secondly, the applicant must establish
the quantum of damages claimed, providing sufficient evidence of both patrimonial
and non-patrimonial loss suffered. Thirdly, the court must be satisfied that the applicant
has established a need for the interim payment, which involves demonstrating that
the applicant requires funds for purposes such as medical treatment, rehabilitation, or
the prevention of further harm pending finalisation of the main action. The court
in Ngcobo emphasised that the threshold for granting an interim payment is not as strict
as a final determination of liability, but the applicant must nevertheless present a prima
facie case establishing the respondent's liability and the need for urgent financial relief .
Semester 2 MEMO | Due 27
August 2026
QUESTIONS AND COMPLETE ANSWERS
QUESTION 1.1 (6 MARKS)
The applicant relied on the principle res inter alios acta alteri nocere non
debet during the proceedings. Using Chapter 10 of the prescribed textbook,
determine whether this principle is correctly regarded as a binding rule of law or
merely a legal maxim expressing the conclusion reached after considering the
facts of a particular case. Support your answer by referring to relevant case law
and academic opinion discussed in the prescribed textbook and explain the
significance of the principle in Ngcobo v Oelofse and Others.
Word limit: Maximum 120 words (one paragraph).
ANSWER:
The principle res inter alios acta alteri nocere non debet (a thing done between others
should not harm a third party) is correctly regarded as a legal maxim rather than a
, binding rule of law . In Ngcobo v Oelofse and Others 2024 (1) SA 233 (GJ), the court
confirmed that this principle merely expresses the conclusion reached after considering
the facts of a particular case. As a legal maxim, it provides guidance on the treatment of
collateral benefits but does not constitute an inflexible legal rule. Academic opinion in
Chapter 10 of the prescribed textbook supports this position, emphasising that the
maxim serves as a reminder that benefits received from third parties (collateral sources)
should generally not be deducted from damages awarded against a wrongdoer, but
courts retain discretion to depart from the principle where justice requires.
QUESTION 1.2 (12 MARKS)
With reference to Ngcobo v Oelofse and Others and Rule 34A of the Uniform Rules
of Court, explain the legal requirements that an applicant must satisfy before a
court may grant an interim payment. Support your discussion by referring to the
relevant paragraphs of the judgment and the authorities relied upon by the court.
Word limit: Maximum 180 words (two paragraphs).
ANSWER:
First Paragraph:
In Ngcobo v Oelofse and Others 2024 (1) SA 233 (GJ), the court held that an applicant
seeking an interim payment under Rule 34A must satisfy several cumulative
requirements. Firstly, the applicant must demonstrate that a legal duty to pay exists on
the part of the respondent, meaning that the respondent would be liable to pay
damages to the applicant in a final judgment. Secondly, the applicant must establish
the quantum of damages claimed, providing sufficient evidence of both patrimonial
and non-patrimonial loss suffered. Thirdly, the court must be satisfied that the applicant
has established a need for the interim payment, which involves demonstrating that
the applicant requires funds for purposes such as medical treatment, rehabilitation, or
the prevention of further harm pending finalisation of the main action. The court
in Ngcobo emphasised that the threshold for granting an interim payment is not as strict
as a final determination of liability, but the applicant must nevertheless present a prima
facie case establishing the respondent's liability and the need for urgent financial relief .
