LPL4802 Assignment 1 Semester 2 2022

QUESTION 1 The action for Pain and Suffering is distinguishable from the actio legis Aquiliae and the actio iniuriarum. Explain fully, these differences, paying particular attention to its origins and development within the South African Legal System. The action for Pain and Suffering is distinguishable from the actio legis Aquiliae and the actio iniuriarum in a number of respects. As a summary, these actions differ in terms of where they originated from and the heads of damages applicable to the remedies. These actions are also distinguishable in terms of the individuals that can evoke the action. In terms of origins, the action for pain and suffering is distinguishable from the actio legis Aquiliae and the actio iniuriarum in a discrete manner.1 Action of pain and suffering originates in Roman-Dutch law whereas actio legis Aquiliae and the actio iniuriarum can be traced back to Roman Law.2 This means that this action was not available to a Roman law litigant.3 The action for pain and suffering was available to persons who suffered negligent bodily injuries.4 Its scope of application under the Roman-Dutch law did not cover all forms of pain and suffering because it was restricted to pain, suffering and bodily disfigurement=.5 The action for pain and suffering is currently recognised as a separate delictual action and has continued to be developed under the influence of the English Law in contemporary South African law.6 A review of case law shows that various claims can now be actioned under this action. These actions now include loss of amenities of life, loss of future earnings, mental pain and anguish among other heads of damages.7 The